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

                                                       Calendar No. 164
111th CONGRESS
  1st Session
                                 S. 806

                          [Report No. 111-77]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2009

Mr. Voinovich (for himself, Mr. Akaka, and Ms. Landrieu) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           September 22, 2009

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FEDERAL EXECUTIVE BOARDS.</DELETED>

<DELETED>    (a) In General.--Chapter 11 of title 5, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 1106. Federal Executive Boards</DELETED>
<DELETED>    ``(a) Purposes.--The purposes of this section are to--
</DELETED>
        <DELETED>    ``(1) strengthen the coordination of Government 
        activities;</DELETED>
        <DELETED>    ``(2) facilitate interagency collaboration to 
        improve the efficiency and effectiveness of Federal 
        programs;</DELETED>
        <DELETED>    ``(3) facilitate communication and collaboration 
        on Federal emergency preparedness and continuity of operations 
        to address homeland security issues, including natural 
        disasters, acts of terrorism, and other man-made disasters, 
        outside the Washington, DC metropolitan area; and</DELETED>
        <DELETED>    ``(4) provide stable funding for Federal Executive 
        Boards.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency'--</DELETED>
                <DELETED>    ``(A) means an Executive agency as defined 
                under section 105; and</DELETED>
                <DELETED>    ``(B) shall not include the Government 
                Accountability Office.</DELETED>
        <DELETED>    ``(2) Director.--The term `Director' means the 
        Director of the Office of Personnel Management.</DELETED>
        <DELETED>    ``(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, DC 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.</DELETED>
<DELETED>    ``(c) Establishment.--</DELETED>
        <DELETED>    ``(1) In general.--The Director shall establish 
        Federal Executive Boards in geographic areas outside the 
        Washington, DC 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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Location of federal executive boards.--In 
        determining the location for the establishment of Federal 
        Executive Boards, the Director shall consider--</DELETED>
                <DELETED>    ``(A) whether a Federal Executive Board 
                exists in a geographic area on the date of enactment of 
                this section;</DELETED>
                <DELETED>    ``(B) whether a geographic area has a 
                strong, viable, and active Federal Executive 
                Association;</DELETED>
                <DELETED>    ``(C) whether the Federal Executive 
                Association of a geographic area petitions the Director 
                to become a Federal Executive Board; and</DELETED>
                <DELETED>    ``(D) such other factors as the Director 
                and the headquarters of appropriate agencies consider 
                relevant.</DELETED>
<DELETED>    ``(d) Administration and Oversight.--</DELETED>
        <DELETED>    ``(1) In general.--The Director shall provide for 
        the administration and oversight of Federal Executive Boards, 
        including--</DELETED>
                <DELETED>    ``(A) establishing staffing policies in 
                consultation with the headquarters of agencies 
                participating in Federal Executive Boards;</DELETED>
                <DELETED>    ``(B) designating an agency to staff each 
                Federal Executive Board based on recommendations from 
                that Federal Executive Board;</DELETED>
                <DELETED>    ``(C) establishing communications policies 
                for the dissemination of information to 
                agencies;</DELETED>
                <DELETED>    ``(D) in consultation with the 
                headquarters of appropriate agencies, establishing 
                performance standards for the Federal Executive Board 
                staff;</DELETED>
                <DELETED>    ``(E) developing accountability 
                initiatives to ensure Federal Executive Boards are 
                meeting performance standards; and</DELETED>
                <DELETED>    ``(F) administering Federal Executive 
                Board funding through the fund established in 
                subsection (f).</DELETED>
        <DELETED>    ``(2) Staffing.--In making designations under 
        paragraph (1)(B), the Director shall give preference to 
        agencies staffing Federal Executive Boards.</DELETED>
<DELETED>    ``(e) Governance and Activities.--Each Federal Executive 
Board shall--</DELETED>
        <DELETED>    ``(1) subject to the approval of the Director, 
        adopt by-laws or other rules for the internal governance of the 
        Federal Executive Board;</DELETED>
        <DELETED>    ``(2) elect a Chairperson from among the members 
        of the Federal Executive Board, who shall serve for a set 
        term;</DELETED>
        <DELETED>    ``(3) serve as an instrument of outreach for the 
        national headquarters of agencies relating to agency activities 
        in the geographic area;</DELETED>
        <DELETED>    ``(4) provide a forum for the exchange of 
        information relating to programs and management methods and 
        problems--</DELETED>
                <DELETED>    ``(A) between Federal officers and 
                employees in the Washington, DC area and Federal 
                officers and employees in the geographic area; 
                and</DELETED>
                <DELETED>    ``(B) among field elements in the 
                geographic area;</DELETED>
        <DELETED>    ``(5) develop local coordinated approaches to the 
        development and operation of programs that have common 
        characteristics;</DELETED>
        <DELETED>    ``(6) communicate management initiatives and other 
        concerns from Federal officers and employees in the Washington, 
        DC area to Federal officers and employees in the geographic 
        area to achieve better mutual understanding and 
        support;</DELETED>
        <DELETED>    ``(7) develop relationships with State and local 
        governments and nongovernmental organizations to help in 
        coordinating emergency management and homeland security issues; 
        and</DELETED>
        <DELETED>    ``(8) take other actions as agreed to by the 
        Federal Executive Board and the Director.</DELETED>
<DELETED>    ``(f) Funding.--</DELETED>
        <DELETED>    ``(1) Establishment of fund.--The Director shall 
        establish a fund within the Office of Personnel Management for 
        financing essential Federal Executive Board functions, 
        including basic staffing and operating expenses.</DELETED>
        <DELETED>    ``(2) Deposits.--There shall be deposited in the 
        fund established under paragraph (1)--</DELETED>
                <DELETED>    ``(A) contributions from the Office of 
                Personnel Management to fund administrative and 
                oversight activities conducted under subsection 
                (d);</DELETED>
                <DELETED>    ``(B) 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.</DELETED>
        <DELETED>    ``(3) Contributions.--</DELETED>
                <DELETED>    ``(A) Formula.--The formula for 
                contributions established by the Director shall 
                consider the number of employees in each agency in each 
                geographic area served by a Federal Executive Board. 
                The contribution of the headquarters of each agency to 
                the fund shall be recalculated at least every 2 
                years.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 emergency preparedness training.</DELETED>
<DELETED>    ``(g) Reports.--The Director shall submit annual reports 
to Congress and agencies on Federal Executive Board program outcomes 
and budget matters.</DELETED>
<DELETED>    ``(h) Regulations.--The Director shall prescribe 
regulations necessary to carry out this section.''.</DELETED>
<DELETED>    (b) 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:</DELETED>

<DELETED>``1106. Federal Executive Boards.''.

</DELETED>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 
        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.''.
    (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.''.
                                                       Calendar No. 164

111th CONGRESS

  1st Session

                                 S. 806

                          [Report No. 111-77]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 22, 2009

                       Reported with an amendment