S. 4828 — what changed
Governmentwide Executive Councils Administration and Performance Improvement Act
From Introduced in Senate to Reported in Senate. 4 sections amended between Introduced in Senate and Reported in Senate.
Sec. 2 Definitions
In this Act:
Administrator— The term Administrator means the Administrator of General Services.
Associate Administrator— The term Associate Administrator means the head of the Office of Executive Councils established pursuant to section 4.
Director— The term Director means the Director of the Office of Management and Budget.
Governmentwide executive council— The term governmentwide executive council means—
the Chief Acquisition Officers Council, established pursuant to Section 1311 of title 41, United States Code;
the Chief Data Officer Council, established pursuant to Section 3520A of title 44, United States Code;
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);
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);
the Chief Information Officers Council, established pursuant to Section 3603 of title 44, United States Code;
the Performance Improvement Council, established pursuant to Section 1124(b) of title 31, United States Code; and
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any other council designated as a governmentwide executive council, pursuant to the requirements of section 6 of this Act.
Sec. 4 Harmonizing administrative support for governmentwide executive councils
Office of Executive Councils— There is established in the General Services Administration the Office of Executive Councils.
Duties— The Office of Executive Councils shall—
in consultation with the Director, provide administrative, project management, and other support to the governmentwide executive councils;
detail employees to 1 or more governmentwide executive council, as needed, to support the operations and functions of each governmentwide executive council;
collect and transfer funds to support the priorities of the governmentwide executive councils, as provided in appropriations acts; and
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.
Functional Independence— The Office of Executive Councils shall by headed by an Associate Administrator who shall—
be appointed by the President;
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report to carry out additional duties and functions the Director;Director and Administrator jointly request; and
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carry out additional duties and functions the Director, in consultation with the Administrator, requests; and
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was (4)(6)
represent the collective viewpoints and priorities of the governmentwide executive councils and their membership.
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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 approved by Congress pursuant to section 6.Congress.
Sec. 5 Harmonizing governmentwide executive council leadership roles
Title 41— Section 1311 of title 41, United States Code, is amended—
in subsection (b)—
by striking paragraph (1); and
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4); and
in subsection (c)—
in paragraph (1), by striking “Deputy Director for Management of the Office of Management and Budget” and inserting “Administrator”;
by striking paragraph (3); and
by redesignating paragraph (4) as paragraph (3).
Title 44— Title 44, United States Code, is amended—
in section 3520A—
in subsection (a), by striking “Office of Management and Budget” and inserting “executive branch”;
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.”
by redesignating subsections (d) and (e) as subsections (e) and (f); and
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.”
in section 3603—
in subsection (b)—
by striking paragraphs (1) and (3);
by redesignating paragraphs (2) and (4) through (7) as paragraphs (1) through (5), respectively; and
in paragraph (1), as so redesignated, by inserting before the period “, who shall serve as Chair of the Council”; and
in subsection (c)(1), by striking “on behalf of the Deputy Director for Management”.
Chief Financial Officers Act of 1990— Section 302 of the Chief Financial Officers Act of 1990 (31 U.S.C. 901 note) is amended—
in subsection (a)—
by striking paragraph (1);
by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
in paragraph (1), as so redesignated, by inserting “, who shall serve as chair of the council” after “Management and Budget”; and
in paragraph (2), as so redesignated, by inserting “, who shall serve as vice chair of the council” after “Secretary of Treasury”; and
by adding at the end the following:
“(c) Support—The Administrator of General Services shall provide administrative and other support for the council.”
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.”
Title 31— Section 1124(b) of title 31, United States Code, is amended—
by striking paragraph (1) and inserting the following:
“(1) Establishment—There is established in the executive branch a Performance Improvement Council.”
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5); and
by inserting after paragraph (1) the following:
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“(2) Membership—The Performance Improvement Council shall consist of—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 Annual report; Process for inclusion of additional governmentwide executive councils
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Designation—Annual report— Subject to Not later than 1 year after the requirements in subsection (b), date of enactment of this Act, and annually thereafter, the Director may designate 1 or more other councils Associate Administrator shall submit to be 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 governmentwide executive council.report on the activities of the Office of Executive Councils.
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Contents— The reports required under subsection (a) shall include—
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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;
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a detailed accounting of—
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the costs associated with the activities of the Office of Executive Councils, organized by governmentwide executive council; and
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any administrative costs associated with the operations of the Office of Executive Councils;
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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
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any recommendations for the designation of other councils or entities as governmentwide executive councils.
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Designation—
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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.
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Contents— A request under paragraph (1) shall include—
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Submission to Congress; Review—
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Justification for designation— If the Director makes the determination to designate 1 or more councils to be a governmentwide executive council, the Director shall—
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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
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include in the justification required under subparagraph (A)—
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was (3)(2)(4)(2)
the name of the council;
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was (3)(2)(4)(3)
the names of the chair and vice chair of the council;
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was (3)(2)(4)(4)
the agencies that will be members of the council;
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was (3)(2)(4)(5)
the expected goals, functions, and priorities of the council;
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was (3)(2)(4)(6)
the expected annual costs to support the functions of the council; and
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was (3)(2)(4)(7)
any other information the Director determines to be necessary regarding the designation of the council to be a governmentwide executive council.
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Requirements— Any new governmentwide executive council designated after the date of enactment of this Act shall be subject to the requirements under section 3.
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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.
removed
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.