[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 806 Engrossed in Senate (ES)]

111th CONGRESS
  1st Session
                                 S. 806

_______________________________________________________________________

                                 AN ACT


 
   To provide for the establishment, administration, and funding of 
           Federal Executive Boards, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Executive Board 
Authorization Act of 2009''.

SEC. 2. FEDERAL EXECUTIVE BOARDS.

    (a) In General.--Chapter 11 of title 5, United States Code, is 
amended by adding at the end the following:
``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 
        emergency preparedness and continuity of operations for the 
        Federal workforce in applicable geographic areas; 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.--
            ``(1) In general.--Each Federal Executive Board shall--
                    ``(A) subject to the approval of the Director, 
                adopt by-laws or other rules for the internal 
                governance of the Federal Executive Board;
                    ``(B) elect a Chairperson from among the members of 
                the Federal Executive Board, who shall serve for a set 
                term;
                    ``(C) serve as an instrument of outreach for the 
                national headquarters of agencies relating to agency 
                activities in the geographic area;
                    ``(D) provide a forum for the exchange of 
                information relating to programs and management methods 
                and problems--
                            ``(i) between the national headquarters of 
                        agencies and the field; and
                            ``(ii) among field elements in the 
                        geographic area;
                    ``(E) develop local coordinated approaches to the 
                development and operation of programs that have common 
                characteristics;
                    ``(F) 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;
                    ``(G) develop relationships with State and local 
                governments and nongovernmental organizations to help 
                fulfill the roles and responsibilities of that Board;
                    ``(H) in coordination with appropriate agencies and 
                consistent with any relevant memoranda of understanding 
                between the Office of Personnel Management and such 
                agencies, facilitate communication, collaboration, and 
                training to prepare the Federal workforce for 
                emergencies and continuity of operations; and
                    ``(I) take other actions as agreed to by the 
                Federal Executive Board and the Director.
            ``(2) Coordination of certain activities.--The facilitation 
        of communication, collaboration, and training described under 
        paragraph (1)(H) shall, when appropriate, be coordinated and 
        defined through memoranda of understanding entered into between 
        the Director and headquarters of appropriate agencies.
    ``(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.''.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the Director of the Office of Personnel Management shall 
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 that includes--
            (1) a description of essential Federal Executive Board 
        functions;
            (2) details of basic staffing requirements for each Federal 
        Executive Board;
            (3) estimates of basic staffing and operating expenses for 
        each Federal Executive Board; and
            (4) a comparison of basic staffing and operating expenses 
        for Federal Executive Boards operating before the date of 
        enactment of this Act and such expenses for Federal Executive 
        Boards after the implementation of this Act.
    (c) Technical and Conforming Amendments.--The table of sections for 
chapter 11 of title 5, United States Code, is amended by inserting 
after the item relating to section 1105 the following:

``1106. Federal Executive Boards.''.

            Passed the Senate November 5, 2009.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                                 S. 806

_______________________________________________________________________

                                 AN ACT

   To provide for the establishment, administration, and funding of 
           Federal Executive Boards, and for other purposes.