[Senate Report 111-77]
[From the U.S. Government Publishing Office]
111th Congress
1st Session SENATE Report
111-77
_______________________________________________________________________
Calendar No. 164
FEDERAL EXECUTIVE BOARD AUTHORIZATION ACT OF 2009
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 806
TO PROVIDE FOR THE ESTABLISHMENT, ADMINISTRATION, AND FUNDING OF
FEDERAL EXECUTIVE BOARDS, AND FOR OTHER PURPOSES
September 22, 2009.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana ROBERT F. BENNETT, Utah
ROLAND W. BURRIS, Illinois
MICHAEL F. BENNET, Colorado
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Jeffrey E. Greene, Counsel
Jessica K. Nagasako, Professional Staff Member, Subcommittee on
Oversight of Government Management, the Federal Workforce, and the
District of Columbia
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Lisa M. Nieman, Minority Counsel
Tara L. Shaw, Minority Counsel, Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 164
111th Congress
SENATE
Report
1st Session 111-77
======================================================================
FEDERAL EXECUTIVE BOARD AUTHORIZATION ACT OF 2009
_______
September 22, 2009.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 806]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 806) to provide for
the establishment, administration, and funding of Federal
Executive Boards, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
IV. Section-by-Section Analysis......................................5
V. Evaluation of Regulatory Impact..................................7
VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............9
I. Purpose and Summary
The purpose of S. 806 is to provide a statutory basis for
the establishment, administration, and funding of FEBs. FEBs,
which have existed for almost half a century under executive
branch authority, provide a forum for federal agencies to
coordinate their regional activities outside of Washington, DC.
S. 806 would put their establishment and administration into
statute and provide for a mechanism to fund them.
II. Background and Need for the Legislation
In 1961, President Kennedy ``directed the Chairman of the
Civil Service Commission to arrange for the establishment of a
Board of Federal Executives in each of the Commission's
administrative regions'' to ``provide means for closer
coordination of Federal activities at the regional level.''\1\
As a result, FEBs exist today as ``a forum for communication
and collaboration among Federal agencies outside of Washington,
DC.''\2\ FEBs are currently located in Atlanta, Baltimore,
Boston, Buffalo, Chicago, Cincinnati, Cleveland, Dallas-Fort
Worth, Denver, Detroit, Honolulu, Houston, Kansas City, Los
Angeles, Minnesota, Newark, New Mexico, New Orleans, New York
City, Oklahoma, Oregon, Philadelphia, Pittsburgh, St. Louis,
San Antonio, San Francisco, Seattle and South Florida, and help
to coordinate the efforts of the almost 90 percent of federal
employees who work outside the Washington, D.C. area.\3\
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\1\President John F. Kennedy, Memorandum on the Need for Greater
Coordination of Regional and Field Activities of the Government, Nov.
14, 1961, p. 1.
\2\www.feb.gov.
\3\Id.
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FEBs are composed of the heads of federal agency field
offices\4\ and are overseen by OPM\5\ in accordance with
federal regulations.\6\ FEBs are generally staffed by one or
two full-time personnel\7\ and are involved in disseminating
information about federal initiatives; sharing knowledge and
best practices; providing training and alternative dispute
resolution consortiums; communicating hazardous weather
conditions and leave policies for federal employees; and
responding to blood donation needs.\8\ Such activities have
saved the federal government time and money; FEB-led
alternative dispute resolution of cases in fiscal year 2008
resulted in an estimated cost avoidance of more than $20
million and FEB-provided training opportunities resulted in an
estimated cost avoidance of more than $8 million.\9\
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4 U.S. Government Accountability Office, The Federal Workforce,
Additional Steps Needed to Take Advantage of Federal Executive Boards'
Ability to Contribute to Emergency Operations, GAO-07-515, p. 7.
\5\http://www.feb.gov/overview.asp.
\6\5 C.F.R. 960.
\7\Supra n. 4 at 2.
\8\http://www.feb.gov/overview.asp.
\9\Federal Executive Board Network, Fiscal Year 2008 Annual Report,
p. 16 (Apr. 2009).
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FEBs' work has also helped to prepare the federal workforce
for emergencies; in fiscal year 2008 FEBs partnered with the
Centers for Disease Control to provide briefings to federal,
state and local communities on closed points of dispensing
sites, which are public sites set up to dispense medication to
employees in the event of a health emergency,\10\ and
facilitated an emergency tabletop exercise to test agency
continuity plans as well as evacuation, response and recovery
procedures.\11\ Additionally, as part of the federal
government's efforts relating to Hurricanes Gustav and Ike in
2008, FEBs communicated with federal field offices about the
storms' effects on agency readiness and operating status and
provided guidance and assistance to such field offices to help
them reconstitute following the storms.\12\ According to Dennis
W. Bruhl, the District Manager of the Social Security
Administration in Covington, Louisiana, this assistance from
FEBs ``was invaluable'' in that it ``kept the lines of
communication open between Federal agencies serving New Orleans
and the surrounding area, and . . . kept us all apprised of the
latest information regarding the storm.''\13\
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\10\Id. at p. 6.
\11\Id. at p. 7.
\12\Id. at p. 8.
\13\Id. at p. 9.
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In 2004, the Government Accountability Office (GAO)
released a report on the continuity of operations planning
(COOP) in the federal sector, which recommended that OPM and
the Federal Emergency Management Agency (FEMA) coordinate their
efforts to improve guidance to federal agencies on emergency
preparation and COOP.\14\ GAO observed that although FEBs are
``not specifically tasked with coordinating emergency
preparedness efforts, including COOP, FEBs are uniquely
positioned to do so, given their general responsibility for
improving coordination among federal activities in areas
outside of Washington, D.C.''\15\ GAO recommended that OPM
clearly define the role of FEBs in improving emergency
preparedness coordination, including COOP, for areas outside of
Washington, D.C.\16\
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\14\U.S. Government Accountability Office, Human Capital,
Opportunities to Improve Federal Continuity Planning Guidance, GAO-04-
384, pp. 4-5.
\15\Id. at Highlights Page.
\16\Id. at 27.
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In 2007, GAO further reported on FEBs' work in performing
emergency activities that advance the missions of both FEBs and
FEMA, as well as FEBs' efforts to strengthen management
practices, improve intergovernmental communication and
participate in local affairs.\17\ GAO believed that FEBs could
be ``a particularly valuable asset in pandemic preparedness and
response'' because ``[w]ith the greatest burden of pandemic
response resting on the local communities, the FEBs' outreach
and their ability to coordinate across organizations suggest
that they may be an important resource in preparing for and
responding to a pandemic.''\18\
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\17\Supra n. 4, Highlights Page.
\18\Id.
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However, GAO also noted that ``FEBs have no congressional
charter and . . . rely on voluntary contributions from their
member agencies'' to fund their activities.\19\ GAO found that
this uncertainty of FEB funding impacts FEBs' ``ability to plan
for and commit to providing emergency support services'' and
recommended that OPM ``develop a proposal to address the
uncertainty of funding sources for'' FEBs.\20\
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\19\Id.
\20\Id.
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At a 2007 hearing to review GAO's findings and
recommendations, OPM Associate Director Kevin Mahoney noted the
important role FEBs play in building understanding and teamwork
among federal agencies in the field, ensuring the security and
safety of the federal workforce and contributing to emergency
preparedness.\21\ Associate Director Mahoney specifically
testified about the key role the New Orleans FEB played during
Hurricane Katrina, which included coordinating with OPM and
FEMA to communicate issues of concern regarding the federal
workforce; organizing conference calls among agency executives
to share federal workforce information to and from Washington,
D.C.; and helping to identify the needs and the status of local
federal workers and their families.\22\ FEMA Regional Director
Art Cleaves similarly testified about FEBs' role as a
``critical part of preparedness in response, recovery,
mitigation, and in particular continuity of operations and
continuity of government.''\23\ Also at the hearing, GAO
Director of Strategic Issues Bernice Steinhardt again
highlighted the need for OPM to address FEBs' funding
uncertainties.\24\
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\21\Senate Homeland Security and Governmental Affairs Subcommittee
on Oversight of Government Management, the Federal Workforce, and the
District of Columbia Hearing on The Role of Federal Executive Boards in
Pandemic Preparedness, S. Hrg. 110-451 (Sept. 28, 2007), p. 5.
\22\Id.
\23\Id. at 7.
\24\Id. at 4.
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Thereafter, OPM submitted a legislative proposal to the
Senate entitled ``Federal Executive Board Authorization Act of
2008.''\25\ S. 806 is based on that proposal. It statutorily
authorizes the establishment of FEBs and provides for their
management by OPM. It also provides for interagency funding for
FEBs.
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\25\Michael W. Hager, Office of Personnel Management Acting
Director, letter to the Honorable Richard Cheney, President of the
Senate, November 19, 2008.
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Specifically, S. 806 calls on the Director of OPM to
determine where to establish FEBs and requires the Director to
consult with agencies in making that determination. It leaves
in place those FEBs OPM already had created before the
enactment of the bill, and subjects them to the law's new
provisions. The bill also states that FEBs shall consist of
senior officials from appropriate agencies in FEB areas.
Additionally, S. 806 authorizes the Director of OPM to
establish staffing policies for FEBs; designate an agency to
staff each FEB; and establish communications policies,
performance standards, and accountability initiatives for FEBs.
S. 806 also requires each FEB to adopt by-laws or other
rules for its internal governance; elect a Chairman from among
its members; provide a forum for the exchange of information;
and develop coordinated approaches to the development and
operation of programs that have common characteristics.
Additionally, FEBs would be required to communicate management
initiatives and other concerns from Washington, D.C. to the
field and develop relationships with state and local
governments and private sector organizations.
Lastly, S. 806 provides for a steady funding stream for
FEBs to address the concerns raised by GAO in its 2007 report
and at the 2007 hearing. More specifically, S. 806 establishes
a fund for FEB staffing and operating expenses, which would be
administered by OPM and would consist of contributions from
each agency participating in FEBs. Agency contributions would
be determined by a formula established by the Director of OPM
in consultation with participating agencies and the Office of
Management and Budget. That formula must take into account each
agency's number of employees in areas served by FEBs. S. 806
also requires OPM to pay for its own administrative and
oversight activities relating to FEBs.
On July 28, 2009, OPM Director John Berry expressed support
for S. 806, writing, ``the stability of an express statutory
authority as provided by S. 806 can only enhance the
capabilities of [FEBs] to contribute to the coordination and
operation of Federal programs in meaningful ways.''\26\
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\26\John Berry, Office of Personnel Management Director, letter to
the Honorable George V. Voinovich, Ranking Member, Subcommittee on
Oversight of Government Management, the Federal Workforce, and the
District of Columbia, July 28, 2009.
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III. Legislative History
On April 2, 2009, S. 806 was introduced by Senator George
V. Voinovich and was referred to the Committee on Homeland
Security and Governmental Affairs. Senators Daniel K. Akaka and
Mary L. Landrieu are cosponsors of the legislation.
On July 29, 2009, the Committee on Homeland Security and
Governmental Affairs ordered S. 806, as amended by a Voinovich-
Akaka substitute amendment, reported favorably by voice vote.
The Voinovich-Akaka amendment makes technical changes to S. 806
based on guidance from OPM and FEMA, and also requires OPM to
report to Congress on costs associated with essential FEB
functions, including basic staffing and operating expenses. The
members present were Chairman Lieberman and Senators Akaka,
Carper, Pryor, Landrieu, McCaskill, and Burris; Ranking
Minority Member Collins and Senators Coburn and Voinovich.
IV. Section-by-Section Analysis
Section 1. Short title
This section establishes the title of the act as the
``Federal Executive Board Authorization Act of 2009.''
Section 2. Federal Executive Boards
This section adds a new section 1106 to title 5 of the
United States Code entitled ``Federal Executive Boards.''
The new section 1106(a) describes the section's purposes as
to strengthen the coordination of federal government
activities, facilitate interagency collaboration to improve the
efficiency and effectiveness of federal programs, facilitate
communication and collaboration on federal activities outside
the Washington, D.C. area, and provide stable funding for FEBs.
A new section 1106(b) defines ``agency'' as an Executive
agency as defined in 5 U.S.C. 105, but excluding GAO, and
``Director'' as the Director of OPM. Section 1106(b) also
defines a ``Federal Executive Board'' as an interagency entity
established by the Director of OPM, in consultation with the
headquarters of appropriate federal agencies, in an area with a
high concentration of federal employees outside the Washington,
D.C. area whose purpose is to strengthen the management and
administration of federal activities and coordination among
local federal offices to implement national initiatives in that
area.
In addition, a new section 1106(c) authorizes FEBs by
requiring the Director of OPM to establish FEBs in areas
outside the Washington, D.C. area. It does not require the re-
establishment of FEBs previously created by the OPM Director.
Section 1106(c) provides that each FEB shall consist of
appropriate senior officers for each agency in the FEB's area
who may designate another senior officer in the agency as an
alternate representative to attend meetings and otherwise
represent the agency on the FEB. To ensure that FEBs are not
unnecessarily created, the new section 1106(c) also provides
that in determining the locations of FEBs, the Director of OPM
must consider whether an FEB exists in the area on the date of
enactment of S. 806, whether a geographic area has a strong,
viable, and active Federal Executive Association that petitions
OPM to become an FEB, and such other factors as the Director of
OPM and the headquarters of appropriate agencies consider
relevant. Further, the section requires the Director of OPM to
consult with the headquarters of appropriate agencies before
establishing FEBs that are not in existence on the date of
enactment of S. 806.
A new section 1106(d) provides for the administration and
oversight of FEBs by the Director of OPM. Specifically, the
Director of OPM is tasked with establishing staffing policies
for FEBs in consultation with the headquarters of agencies
participating in FEBs; designating an agency to staff each FEB
based on recommendations from that FEB; establishing
communications policies for dissemination of information to
federal agencies; establishing performance standards for FEB
staff in consultation with the headquarters of appropriate
agencies; developing accountability initiatives to ensure FEBs
are meeting performance standards; and administering FEB
funding. To provide for continuity of staffing at existing
FEBs, section 1106(d) also provides that in making staffing
designations, the Director of OPM must give preference to
agencies already staffing FEBs.
Section 1106(e) is added to set forth the governance and
activities of FEBs, similar to current provisions in the Code
of Federal Regulations governing FEBs, including the
requirements that each FEB adopt by-laws or other internal
governance rules that are approved by the Director of OPM and
elect a Chairperson from among its members to serve a set term.
Also consistent with the Code of Federal Regulations, Section
1106(e) provides that FEBs are to serve as instruments of
outreach for the national headquarters of agencies relating to
agency activities in the FEB's area; provide a forum for the
exchange of information between the national headquarters of
agencies and the field and among field elements in the FEB's
area; develop coordinated approaches to the development and
operation of programs in the FEB's area that have common
characteristics; communicate management initiatives and other
concerns from federal officers and employees in the Washington,
D.C. area to federal officers and employees in the FEB's area;
develop relationships with state and local governments and
nongovernmental organizations to help coordinate agency
outreach; and take other actions agreed to between the FEB and
the Director of OPM.
In new Section 1106(f), the Director of OPM is directed to
establish a fund at OPM to finance essential FEB functions,
including basic staffing and operating expenses for each FEB.
The Director of OPM is precluded from using monies in the fund
to finance OPM's costs relating to its administration and
oversight of FEBs and instead must pay such costs from its
direct appropriations. Section 1106(f) provides that each
agency participating in FEBs must contribute to the fund in
amounts determined by a formula established by the Director of
OPM in consultation with the headquarters of contributing
agencies and the Office of Management and Budget; specifies
that such formula must consider the number of employees in each
agency in all geographic areas served by FEBs; and ensures that
each agency's contribution to the fund is recalculated at least
every two years to account for changes in staffing levels at
any given agency in any given area. Additionally, section
1106(f) gives the Director of OPM the discretion to accept in-
kind contributions from agencies in lieu of monetary
contributions to the FEB fund, such as contributions of office
space from the General Services Administration. Pursuant to
section 1106(f), any unobligated and unexpended balances in the
fund that are in excess of amounts needed for essential FEB
staffing and operating expenses are to be allocated by the
Director of OPM to FEBs for authorized activities and other
priorities such as conducting training; such monies must be
allocated in consultation with the headquarters of agencies
participating in FEBs.
New section 1106(g) requires the Director of OPM to report
annually to Congress and federal agencies about FEB programs
and budgets.
Also, a new section 1106(h) requires the Director of OPM to
prescribe regulations to carry out section 1106.
In addition, this section requires the Director of OPM to
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
within 60 days of enactment of S. 806. That report must include
a description of essential FEB functions, details of basic
staffing requirements for each FEB, estimates of basic staffing
and operating expenses for each FEB, and a comparison of basic
staffing and operating expenses for FEBs operating before and
after enactment of S. 806. The Committee expects that this
report will indicate that OPM proposes staffing each FEB with
two full time employees and providing an annual operating
budget of $50,000 for each FEB. The Committee anticipates that
the costs of operating FEBs before and after enactment of this
Act will be very similar.
Lastly, this section makes technical and conforming
amendments to the table of sections for chapter 11 of title 5
of the United States Code.
V. Evaluation of Regulatory Impact
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The
Congressional Budget Office (CBO) states that there are no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and no costs on State, local, or
tribal governments. The legislation contains no other
regulatory impact.
VI. Congressional Budget Office Cost Estimate
August 7, 2009.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 806, the Federal
Executive Board Authorization Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Matthew Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 806--Federal Executive Board Authorization Act of 2009
Summary: S. 806 would authorize the Office of Personnel
Management (OPM) to establish Federal Executive Boards (FEBs)
to coordinate government activities outside the Washington,
D.C., metropolitan area. Individual agencies that participate
in the program would be required to make contributions to a
fund established in the bill to cover the costs of FEB
operations.
CBO estimates that implementing this legislation would cost
about $2 million in 2010 and $14 million over the 2010-2014
period, assuming appropriation of the necessary amounts. In
addition, S. 806 could affect off-budget discretionary spending
by the Social Security Administration, but we estimate that any
increase would be less than $500,000 in any year and over the
2010-2014 period.
CBO estimates that any impact on direct spending from
enacting S. 806 would be negligible. The bill would not affect
revenues.
S. 806 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 806 is shown in the following table. The
costs of this legislation fall within budget function 800
(general government) and any budget function that contains a
salaries and expense account for an agency participating in the
FEB program.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 2 3 3 3 3 14
Estimated Outlays....................................... 2 3 3 3 3 14
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Basis of estimate: For this estimate, CBO assumes that S.
806 will be enacted near the beginning of fiscal year 2010 and
that spending will follow historical patterns for similar
programs.
Federal Executive Boards were established by Presidential
Directive in 1961 to improve cooperation and communication
among federal agencies for activities outside of Washington,
D.C. OPM is responsible for the organizational and programmatic
activities of 28 FEBs located in areas with significant numbers
of federal employees. The FEBs receive no specific
appropriation but are funded by their local host agency or
department. The program cost $5 million in 2008.
S. 806 would establish statutory authority for the FEB
program and change the way the boards are administered and
funded. The bill would create uniform staffing and reporting
requirements for all FEBs; currently, each board is staffed
differently based on funding made available by its host agency.
The legislation also would require participating agencies to
make contributions to a new fund established to cover the costs
of each FEB. Contributions would be determined by a formula
based on the number of federal employees each agency has in an
area served by an FEB.
Based on information from OPM regarding the current costs
of operating FEBs and the new staffing and administrative
requirements under S. 806, CBO estimates that implementing S.
806 would cost an additional $2 million in 2010 and $14 million
over the 2010-2014 period.
Enacting the bill also could affect direct spending by
agencies not funded through annual appropriations (such as the
Tennessee Valley Authority or the U.S. Postal Service). CBO
estimates, however, that any increase in spending by those
agencies would not be significant or would be offset by
corresponding increases in rates charged by those entities.
Intergovernmental and private-sector mandates: S. 806
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Spending: Matthew Pickford;
Impact on State, Local, and Tribal Governments: Elizabeth Cove
Delisle; Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made By the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the following changes in existing
law made by the bill, as reported, are shown as follows:
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
UNITED STATES CODE
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II. CIVIL SERVICE FUNCTIONS AND RESPONSIBLITIES
CHAPTER 11. OFFICE OF PERSONNEL MANAGEMENT
SEC.
* * * * * * *
1106. FEDERAL EXECUTIVE BOARDS.
* * * * * * *
SEC. 1106. FEDERAL EXECUTIVE BOARDS.
(a) Purposes.--The purposes of this section are to--
(1) strengthen the coordination of Government
activities;
(2) facilitate interagency collaboration to improve
the efficiency and effectiveness of Federal programs;
(3) facilitate communication and collaboration on
Federal activities outside the Washington, D.C.
metropolitan area; and
(4) provide stable funding for Federal Executive
Boards.
(b) Definitions.--In this section:
(1) Agency.--The term `agency'--
(A) means an Executive agency as defined
under section 105; and
(B) shall not include the Government
Accountability Office.
(2) Director.--The term `Director' means the Director
of the Office of Personnel Management.
(3) Federal executive board.--The term `Federal
Executive Board' means an interagency entity
established by the Director, in consultation with the
headquarters of appropriate agencies, in a geographic
area with a high concentration of Federal employees
outside the Washington, D.C. metropolitan area to
strengthen the management and administration of agency
activities and coordination among local Federal
officers to implement national initiatives in that
geographic area.
(c) Establishment.--
(1) In general.--The Director shall establish Federal
Executive Boards in geographic areas outside the
Washington, D.C. metropolitan area. Before establishing
Federal Executive Boards that are not in existence on
the date of enactment of this section, the Director
shall consult with the headquarters of appropriate
agencies to determine the number and location of the
Federal Executive Boards.
(2) Membership.--Each Federal Executive Board for a
geographic area shall consist of an appropriate senior
officer for each agency in that geographic area. The
appropriate senior officer may designate, by title of
office, an alternate representative who shall attend
meetings and otherwise represent the agency on the
Federal Executive Board in the absence of the
appropriate senior officer. An alternate representative
shall be a senior officer in the agency.
(3) Location of federal executive boards.--In
determining the location for the establishment of
Federal Executive Boards, the Director shall consider--
(A) whether a Federal Executive Board exists
in a geographic area on the date of enactment
of this section;
(B) whether a geographic area has a strong,
viable, and active Federal Executive
Association;
(C) whether the Federal Executive Association
of a geographic area petitions the Director to
become a Federal Executive Board; and
(D) such other factors as the Director and
the headquarters of appropriate agencies
consider relevant.
(d) Administration and Oversight.--
(1) In general.--The Director shall provide for the
administration and oversight of Federal Executive
Boards, including--
(A) establishing staffing policies in
consultation with the headquarters of agencies
participating in Federal Executive Boards;
(B) designating an agency to staff each
Federal Executive Board based on
recommendations from that Federal Executive
Board;
(C) establishing communications policies for
the dissemination of information to agencies;
(D) in consultation with the headquarters of
appropriate agencies, establishing performance
standards for the Federal Executive Board
staff;
(E) developing accountability initiatives to
ensure Federal Executive Boards are meeting
performance standards; and
(F) administering Federal Executive Board
funding through the fund established in
subsection (f).
(2) Staffing.--In making designations under paragraph
(1)(B), the Director shall give preference to agencies
staffing Federal Executive Boards.
(e) Governance and Activities.--Each Federal Executive
Board shall--
(1) subject to the approval of the Director, adopt
by-laws or other rules for the internal governance of
the Federal Executive Board;
(2) elect a Chairperson from among the members of the
Federal Executive Board, who shall serve for a set
term;
(3) serve as an instrument of outreach for the
national headquarters of agencies relating to agency
activities in the geographic area;
(4) provide a forum for the exchange of information
relating to programs and management methods and
problems--
(A) between the national headquarters of
agencies and the field; and
(B) among field elements in the geographic
area;
(5) develop local coordinated approaches to the
development and operation of programs that have common
characteristics;
(6) communicate management initiatives and other
concerns from Federal officers and employees in the
Washington, D.C. area to Federal officers and employees
in the geographic area to achieve better mutual
understanding and support;
(7) develop relationships with State and local
governments and nongovernmental organizations to help
in coordinating agency outreach; and
(8) take other actions as agreed to by the Federal
Executive Board and the Director.
(f) Funding.--
(1) Establishment of fund.--The Director shall
establish a fund within the Office of Personnel
Management for financing essential Federal Executive
Board functions--
(A) including basic staffing and operating
expenses; and
(B) excluding the costs of the Office of
Personnel Management relating to administrative
and oversight activities conducted under
subsection (d).
(2) Deposits.--There shall be deposited in the fund
established under paragraph (1) contributions from the
headquarters of each agency participating in Federal
Executive Boards, in an amount determined by a formula
established by the Director, in consultation with the
headquarters of such agencies and the Office of
Management and Budget.
(3) Contributions.--
(A) Formula.--The formula for contributions
established by the Director shall consider the
number of employees in each agency in all
geographic areas served by Federal Executive
Boards. The contribution of the headquarters of
each agency to the fund shall be recalculated
at least every 2 years.
(B) In-kind contributions.--At the sole
discretion of the Director, the headquarters of
an agency may provide in-kind contributions
instead of providing monetary contributions to
the fund.
(4) Use of excess amounts.--Any unobligated and
unexpended balances in the fund which the Director
determines to be in excess of amounts needed for
essential Federal Executive Board functions shall be
allocated by the Director, in consultation with the
headquarters of agencies participating in Federal
Executive Boards, among the Federal Executive Boards
for the activities under subsection (e) and other
priorities, such as conducting training.
(5) Administrative and oversight costs.--The Office
of Personnel Management shall pay for costs relating to
administrative and oversight activities conducted under
subsection (d) from appropriations made available to
the Office of Personnel Management.
(g) Reports.--The Director shall submit annual reports to
Congress and agencies on Federal Executive Board program
outcomes and budget matters.
(h) Regulations.--The Director shall prescribe regulations
necessary to carry out this section.