[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 285 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 203
118th CONGRESS
  1st Session
                                 S. 285

                          [Report No. 118-95]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

 Mr. Peters (for himself, Mr. Cornyn, and Mr. Padilla) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           September 11, 2023

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

_______________________________________________________________________

                                 A BILL


 
To provide for the perpetuation, 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 ``Improving Government 
Efficiency and Workforce Development through Federal Executive Boards 
Act of 2023''.</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 strategic coordination, 
        communication, and management of Government activities across 
        the United States, including to improve the experience of 
        citizens interacting with agencies, and to incorporate field 
        perspectives into the preparation of Federal workforce policy 
        goals;</DELETED>
        <DELETED>    ``(2) facilitate interagency collaboration to 
        improve the efficiency and effectiveness of Federal programs 
        and initiatives;</DELETED>
        <DELETED>    ``(3) facilitate communication and collaboration 
        on Federal emergency preparedness and continuity of operations 
        for the Federal workforce in applicable geographic 
        areas;</DELETED>
        <DELETED>    ``(4) facilitate strategies and programs for 
        recruiting, training, managing, and retaining Federal 
        employees, as well as sharing best practices for improving the 
        workforce experience and access to education and 
        training;</DELETED>
        <DELETED>    ``(5) facilitate relationships with State and 
        local governments, colleges and universities, and local 
        nonprofit organizations that collaborate with the Federal 
        Government; and</DELETED>
        <DELETED>    ``(6) provide stable funding for Federal Executive 
        Boards to enable the activities described in paragraphs (1) 
        through (5).</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency'--</DELETED>
                <DELETED>    ``(A) means an Executive agency, as 
                defined in section 105; and</DELETED>
                <DELETED>    ``(B) does 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--</DELETED>
                <DELETED>    ``(A) established by the Director--
                </DELETED>
                        <DELETED>    ``(i) in coordination with the 
                        Director of the Office of Management and Budget 
                        and the Administrator of General Services; 
                        and</DELETED>
                        <DELETED>    ``(ii) in consultation with the 
                        headquarters of appropriate agencies;</DELETED>
                <DELETED>    ``(B) located in a geographic area with a 
                high concentration of Federal employees outside the 
                Washington, DC, metropolitan area; and</DELETED>
                <DELETED>    ``(C) focused on strengthening the 
                management and administration of agency activities and 
                coordination among local Federal officers to implement 
                national initiatives in that geographic area.</DELETED>
        <DELETED>    ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).</DELETED>
        <DELETED>    ``(5) State apprenticeship agency.--The term 
        `State Apprenticeship Agency' has the meaning given the term in 
        section 29.2 of title 29, Code of Federal Regulations, or any 
        successor regulation.</DELETED>
<DELETED>    ``(c) Perpetuation and Continued Support.--</DELETED>
        <DELETED>    ``(1) In general.--The Director, in coordination 
        with the Director of the Office of Management and Budget and 
        the Administrator of General Services, shall continue to 
        support the existence of Federal Executive Boards in geographic 
        areas outside the Washington, DC, metropolitan area.</DELETED>
        <DELETED>    ``(2) Consultation.--Before establishing any new 
        Federal Executive Boards that are not in existence on the date 
        of enactment of this section, the Director shall conduct a 
        review of existing Federal Executive Boards and consult with 
        the headquarters of appropriate agencies to guide the 
        determination of the number and location of Federal Executive 
        Boards.</DELETED>
        <DELETED>    ``(3) Location.--The Director shall develop a set 
        of criteria to establish and evaluate the number and locations 
        of Federal Executive Boards that shall--</DELETED>
                <DELETED>    ``(A) factor in contemporary Federal 
                workforce data as of the date of enactment of this 
                section; and</DELETED>
                <DELETED>    ``(B) be informed by the annual changes in 
                workforce data, including the geographic disbursement 
                of the Federal workforce and the role of remote work 
                options.</DELETED>
        <DELETED>    ``(4) Membership.--</DELETED>
                <DELETED>    ``(A) In general.--Each Federal Executive 
                Board for a geographic area shall consist of the most 
                senior officer of each agency in that geographic 
                area.</DELETED>
                <DELETED>    ``(B) Alternate representative.--The 
                senior officer of an agency described in subparagraph 
                (A) may designate, by title of office, an alternate 
                representative, who shall--</DELETED>
                        <DELETED>    ``(i) be a senior officer in the 
                        agency; and</DELETED>
                        <DELETED>    ``(ii) attend meetings and 
                        otherwise represent the agency on the Federal 
                        Executive Board in the absence of the most 
                        senior officer.</DELETED>
<DELETED>    ``(d) Administration and Oversight.--The Director, in 
coordination with the Director of the Office of Management and Budget 
and the Administrator of General Services, shall administer and oversee 
Federal Executive Boards, including--</DELETED>
        <DELETED>    ``(1) establishing staffing and accountability 
        policies, including performance standards, for employees 
        responsible for administering Federal Executive Boards with an 
        opportunity for employee customer service feedback from 
        agencies participating in Federal Executive Boards;</DELETED>
        <DELETED>    ``(2) establishing communications policies for the 
        dissemination of information to agencies participating in 
        Federal Executive Boards; and</DELETED>
        <DELETED>    ``(3) administering Federal Executive Board 
        funding through the fund established in subsection 
        (f).</DELETED>
<DELETED>    ``(e) Governance and Activities.--</DELETED>
        <DELETED>    ``(1) In general.--Each Federal Executive Board 
        shall--</DELETED>
                <DELETED>    ``(A) subject to the approval of the 
                Director, adopt charters or other rules for the 
                internal governance of the Federal Executive 
                Board;</DELETED>
                <DELETED>    ``(B) elect a Chairperson from among the 
                members of the Federal Executive Board, who shall serve 
                for a set term;</DELETED>
                <DELETED>    ``(C) serve as an instrument of outreach 
                relating to agency activities in the geographic 
                area;</DELETED>
                <DELETED>    ``(D) provide a forum to amplify the 
                exchange of information relating to programs and 
                management methods and problems--</DELETED>
                        <DELETED>    ``(i) between the national 
                        headquarters of agencies and the field; 
                        and</DELETED>
                        <DELETED>    ``(ii) among field elements in 
                        geographic areas;</DELETED>
                <DELETED>    ``(E) develop local coordinated approaches 
                to the development and operation of programs that have 
                common characteristics or serve the same 
                populations;</DELETED>
                <DELETED>    ``(F) communicate management initiatives 
                and other concerns from Federal officers and employees 
                in the Washington, DC, metropolitan area to Federal 
                officers and employees in the geographic area to 
                achieve better mutual understanding and 
                support;</DELETED>
                <DELETED>    ``(G) develop relationships with State and 
                local governments, institutions of higher education, 
                and nongovernmental organizations to help fulfill the 
                roles and responsibilities of the Federal Executive 
                Board;</DELETED>
                <DELETED>    ``(H) in coordination with appropriate 
                agencies and consistent with any relevant memoranda of 
                understanding between the Office of Personnel 
                Management and those agencies, facilitate 
                communication, collaboration, and training to prepare 
                the Federal workforce for emergencies and continuity of 
                operations;</DELETED>
                <DELETED>    ``(I) in coordination with appropriate 
                agencies, support agency efforts to place and recruit 
                students in training opportunities, particularly 
                apprenticeships and paid internships;</DELETED>
                <DELETED>    ``(J) consult with the Secretary of Labor 
                or State Apprenticeship Agencies on the process for 
                establishing registered apprenticeship programs within 
                agencies, as appropriate;</DELETED>
                <DELETED>    ``(K) consult with State workforce 
                development boards and local workforce development 
                boards as established in sections 101 and 107 of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3111, 3122), respectively, as appropriate;</DELETED>
                <DELETED>    ``(L) as appropriate and in accordance 
                with law, rules, and policies, lead cross-agency talent 
                management initiatives--</DELETED>
                        <DELETED>    ``(i) including interagency--
                        </DELETED>
                                <DELETED>    ``(I) recruitment and 
                                hiring activities;</DELETED>
                                <DELETED>    ``(II) internships and 
                                apprenticeships;</DELETED>
                                <DELETED>    ``(III) onboarding and 
                                leadership and management development; 
                                and</DELETED>
                                <DELETED>    ``(IV) mentorship 
                                programs; and</DELETED>
                        <DELETED>    ``(ii) by prioritizing initiatives 
                        related to--</DELETED>
                                <DELETED>    ``(I) conducting outreach 
                                to communities of individuals with 
                                demographics that are underrepresented 
                                in a given occupation or agency; 
                                and</DELETED>
                                <DELETED>    ``(II) addressing skills 
                                gaps within the Federal Government 
                                related to high-risk areas as 
                                identified by the Government 
                                Accountability Office;</DELETED>
                <DELETED>    ``(M) coordinate with the Transition 
                Assistance Centers established to carry out the 
                Transition Assistance Program of the Department of 
                Defense to help members of the Armed Forces who are 
                transitioning to civilian life apply for Government 
                positions in the geographic location of the Federal 
                Executive Board;</DELETED>
                <DELETED>    ``(N) as appropriate, serve as a 
                collaborative space where employees from across 
                agencies can participate in innovation projects 
                relevant to Federal initiatives by applying human-
                centered design, user-experience design, or other 
                creativity methods; and</DELETED>
                <DELETED>    ``(O) take other actions as agreed to by 
                the Federal Executive Board and the Director, in 
                consultation with the Director of the Office of 
                Management and Budget and the Administrator of General 
                Services.</DELETED>
        <DELETED>    ``(2) Coordination of certain activities.--The 
        facilitation of communication, collaboration, and training 
        described in paragraph (1)(H) shall, when appropriate, be 
        coordinated and defined through written agreements entered into 
        between the Director and the heads of the applicable 
        agencies.</DELETED>
        <DELETED>    ``(3) Non-monetary donations.--Each Federal 
        Executive Board may accept donations of supplies, services, 
        land, and equipment consistent with the purposes described in 
        paragraphs (1) through (5) of subsection (a), including to 
        assist in carrying out the activities described in paragraph 
        (1) of this subsection.</DELETED>
        <DELETED>    ``(4) Programmatic assessments.--Not less 
        frequently than semi-annually or following each major 
        programmatic activity, each Federal Executive Board shall 
        assess the experience of participants or other relevant 
        stakeholders in each program provided by the Federal Executive 
        Board.</DELETED>
<DELETED>    ``(f) Funding.--</DELETED>
        <DELETED>    ``(1) Establishment of fund.--The Director, in 
        coordination with the Director of the Office of Management and 
        Budget and the Administrator of General Services, shall 
        establish a Federal Executive Board Fund within the Office of 
        Personnel Management for financing essential Federal Executive 
        Board functions for the purposes of staffing and operating 
        expenses.</DELETED>
        <DELETED>    ``(2) Deposits.--There shall be deposited in the 
        fund established under paragraph (1) amounts transferred to the 
        fund pursuant to paragraph (3) from each agency participating 
        in Federal Executive Boards, according to a formula established 
        by the Director--</DELETED>
                <DELETED>    ``(A) in consultation with the 
                headquarters of those agencies; and</DELETED>
                <DELETED>    ``(B) in coordination with the Director of 
                the Office of Management and Budget and the 
                Administrator of General Services.</DELETED>
        <DELETED>    ``(3) Contributions.--</DELETED>
                <DELETED>    ``(A) Contribution transfers.--Subject to 
                the formula for contributions established by the 
                Director under paragraph (2), each agency participating 
                in Federal Executive Boards shall transfer amounts to 
                the fund established under paragraph (1).</DELETED>
                <DELETED>    ``(B) Formula.--</DELETED>
                        <DELETED>    ``(i) In general.--The formula for 
                        contributions established by the Director under 
                        paragraph (2) shall consider the number of 
                        employees in each agency in all geographic 
                        areas served by Federal Executive 
                        Boards.</DELETED>
                        <DELETED>    ``(ii) Recalculation.--The 
                        contribution of the headquarters of each agency 
                        under clause (i) to the fund established under 
                        paragraph (1) shall be recalculated not less 
                        frequently than every 2 years.</DELETED>
                <DELETED>    ``(C) In-kind contributions.--At the 
                discretion of the Director, an agency may provide in-
                kind contributions instead of, or in addition to, 
                providing monetary contributions to the fund 
                established under paragraph (1).</DELETED>
        <DELETED>    ``(4) Minimum amount.--</DELETED>
                <DELETED>    ``(A) In general.--The fund established 
                under paragraph (1) shall include a minimum of 
                $15,000,000 in each fiscal year, to remain available 
                until expended.</DELETED>
                <DELETED>    ``(B) Adjustment.--The Director shall 
                adjust the amount required under subparagraph (A) every 
                2 years on a schedule aligned with the recalculation 
                described in paragraph (3)(B)(ii) to reflect--
                </DELETED>
                        <DELETED>    ``(i) the percentage increase, if 
                        any, in the Consumer Price Index for all Urban 
                        Consumers as determined by the Bureau of Labor 
                        Statistics; and</DELETED>
                        <DELETED>    ``(ii) any changes in costs 
                        related to Federal pay changes authorized by 
                        the President or by an Act of 
                        Congress.</DELETED>
        <DELETED>    ``(5) Use of excess amounts.--Any unobligated and 
        unexpended balances in the fund established under paragraph (1) 
        that the Director determines to be in excess of amounts needed 
        for Federal Executive Board functions shall be allocated among 
        the Federal Executive Boards for the activities described in 
        subsection (e) by the Director--</DELETED>
                <DELETED>    ``(A) in coordination with the Director of 
                the Office of Management and Budget and the 
                Administrator of General Services; and</DELETED>
                <DELETED>    ``(B) in consultation with the 
                headquarters of agencies participating in Federal 
                Executive Boards.</DELETED>
        <DELETED>    ``(6) 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.</DELETED>
<DELETED>    ``(g) Reports.--The Director, in coordination with the 
Director of the Office of Management and Budget and the Administrator 
of General Services, shall submit biennial reports to Congress and to 
agencies participating in Federal Executive Boards on the outcomes of 
and budget matters related to Federal Executive Boards.</DELETED>
<DELETED>    ``(h) Regulations.--The Director, in coordination with the 
Director of the Office of Management and Budget and the Administrator 
of General Services, shall prescribe regulations necessary to carry out 
this section.''.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) Definition.--In this subsection, the term 
        ``Federal Executive Board'' has the meaning given the term in 
        section 1106(b) of title 5, United States Code, as added by 
        subsection (a) of this section.</DELETED>
        <DELETED>    (2) Report.--Not later than 180 days after the 
        date of enactment of this Act, the Director of the Office of 
        Personnel Management, in coordination with the Director of the 
        Office of Management and Budget and the Administrator of 
        General Services, shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Accountability of the House of 
        Representatives a report that includes--</DELETED>
                <DELETED>    (A) a description of essential Federal 
                Executive Board functions;</DELETED>
                <DELETED>    (B) details of staffing requirements for 
                each Federal Executive Board; and</DELETED>
                <DELETED>    (C) estimates of staffing and operating 
                expenses for each Federal Executive Board.</DELETED>
<DELETED>    (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:</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Government Efficiency and 
Workforce Development through Federal Executive Boards Act of 2023''.

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 strategic coordination, communication, 
        and management of Government activities across the United 
        States, including to improve the experience of citizens 
        interacting with agencies, and to incorporate field 
        perspectives into the preparation of Federal workforce policy 
        goals;
            ``(2) facilitate interagency collaboration to improve the 
        efficiency and effectiveness of Federal programs and 
        initiatives, including those that impact the competitiveness of 
        the United States in the global economy;
            ``(3) facilitate communication and collaboration on Federal 
        emergency preparedness and continuity of operations for the 
        Federal workforce in applicable geographic areas;
            ``(4) facilitate strategies and programs for recruiting, 
        training, managing, and retaining Federal employees, as well as 
        sharing best practices for improving the workforce experience 
        and access to education and training, including with respect to 
        the responsible use of emerging technology;
            ``(5) facilitate relationships with State and local 
        governments, colleges and universities, and local nonprofit 
        organizations that collaborate with the Federal Government; and
            ``(6) provide stable funding for Federal Executive Boards 
        to enable the activities described in paragraphs (1) through 
        (5).
    ``(b) Definitions.--In this section:
            ``(1) Agency.--The term `agency'--
                    ``(A) means an Executive agency, as defined in 
                section 105; and
                    ``(B) does 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--
                    ``(A) established by the Director--
                            ``(i) in coordination with the Director of 
                        the Office of Management and Budget and the 
                        Administrator of General Services; and
                            ``(ii) in consultation with the 
                        headquarters of appropriate agencies;
                    ``(B) located in a geographic area with a high 
                concentration of Federal employees outside the 
                Washington, DC, metropolitan area; and
                    ``(C) focused on strengthening the management and 
                administration of agency activities and coordination 
                among local Federal officers to implement national 
                initiatives in that geographic area.
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(5) State apprenticeship agency.--The term `State 
        Apprenticeship Agency' has the meaning given the term in 
        section 29.2 of title 29, Code of Federal Regulations, or any 
        successor regulation.
    ``(c) Perpetuation and Continued Support.--
            ``(1) In general.--The Director, in coordination with the 
        Director of the Office of Management and Budget and the 
        Administrator of General Services, shall continue to support 
        the existence of Federal Executive Boards in geographic areas 
        outside the Washington, DC, metropolitan area.
            ``(2) Consultation.--Before establishing any new Federal 
        Executive Boards that are not in existence on the date of 
        enactment of this section, the Director shall conduct a review 
        of existing Federal Executive Boards and consult with the 
        headquarters of appropriate agencies to guide the determination 
        of the number and location of Federal Executive Boards.
            ``(3) Location.--The Director shall develop a set of 
        criteria to establish and evaluate the number and locations of 
        Federal Executive Boards that shall--
                    ``(A) factor in contemporary Federal workforce data 
                as of the date of enactment of this section; and
                    ``(B) be informed by the annual changes in 
                workforce data, including the geographic disbursement 
                of the Federal workforce and the role of remote work 
                options.
            ``(4) Membership.--
                    ``(A) In general.--Each Federal Executive Board for 
                a geographic area shall consist of the most senior 
                officer of each agency in that geographic area.
                    ``(B) Alternate representative.--The senior officer 
                of an agency described in subparagraph (A) may 
                designate, by title of office, an alternate 
                representative, who shall--
                            ``(i) be a senior officer in the agency; 
                        and
                            ``(ii) attend meetings and otherwise 
                        represent the agency on the Federal Executive 
                        Board in the absence of the most senior 
                        officer.
    ``(d) Administration and Oversight.--The Director, in coordination 
with the Director of the Office of Management and Budget and the 
Administrator of General Services, shall administer and oversee Federal 
Executive Boards, including--
            ``(1) establishing staffing and accountability policies, 
        including performance standards, for employees responsible for 
        administering Federal Executive Boards with an opportunity for 
        employee customer service feedback from agencies participating 
        in Federal Executive Boards;
            ``(2) establishing communications policies for the 
        dissemination of information to agencies participating in 
        Federal Executive Boards; and
            ``(3) administering Federal Executive Board funding through 
        the fund established in subsection (f).
    ``(e) Governance and Activities.--
            ``(1) In general.--Each Federal Executive Board shall--
                    ``(A) subject to the approval of the Director, 
                adopt charters 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 relating 
                to agency activities in the geographic area;
                    ``(D) provide a forum to amplify 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 geographic 
                        areas;
                    ``(E) develop local coordinated approaches to the 
                development and operation of programs that have common 
                characteristics or serve the same populations;
                    ``(F) communicate management initiatives and other 
                concerns from Federal officers and employees in the 
                Washington, DC, metropolitan 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, institutions of higher education, and 
                nongovernmental organizations to help fulfill the roles 
                and responsibilities of the Federal Executive Board;
                    ``(H) in coordination with appropriate agencies and 
                consistent with any relevant memoranda of understanding 
                between the Office of Personnel Management and those 
                agencies, facilitate communication, collaboration, and 
                training to prepare the Federal workforce for 
                emergencies and continuity of operations;
                    ``(I) in coordination with appropriate agencies, 
                support agency efforts to place and recruit students in 
                training opportunities, particularly apprenticeships 
                and paid internships;
                    ``(J) consult with the Secretary of Labor or State 
                Apprenticeship Agencies on the process for establishing 
                registered apprenticeship programs within agencies, as 
                appropriate;
                    ``(K) consult with State workforce development 
                boards and local workforce development boards as 
                established in sections 101 and 107 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3111, 3122), 
                respectively, as appropriate;
                    ``(L) as appropriate and in accordance with law, 
                rules, and policies, lead cross-agency talent 
                management initiatives--
                            ``(i) including interagency--
                                    ``(I) recruitment and hiring 
                                activities;
                                    ``(II) internships and 
                                apprenticeships;
                                    ``(III) onboarding and leadership 
                                and management development; and
                                    ``(IV) mentorship programs; and
                            ``(ii) by prioritizing initiatives related 
                        to--
                                    ``(I) conducting outreach to 
                                communities of individuals with 
                                demographics that are underrepresented 
                                in a given occupation or agency;
                                    ``(II) addressing skills gaps 
                                within the Federal Government related 
                                to high-risk areas as identified by the 
                                Government Accountability Office;
                                    ``(III) enabling the Federal 
                                workforce to adapt to and responsibly 
                                use emerging technology; and
                                    ``(IV) strengthening the 
                                competitiveness of the United States in 
                                the global economy;
                    ``(M) coordinate with the Transition Assistance 
                Centers established to carry out the Transition 
                Assistance Program of the Department of Defense to help 
                members of the Armed Forces who are transitioning to 
                civilian life apply for Government positions in the 
                geographic location of the Federal Executive Board;
                    ``(N) as appropriate, serve as a collaborative 
                space where employees from across agencies can 
                participate in innovation projects relevant to Federal 
                initiatives by applying human-centered design, user-
                experience design, or other creativity methods; and
                    ``(O) take other actions as agreed to by the 
                Federal Executive Board and the Director, in 
                consultation with the Director of the Office of 
                Management and Budget and the Administrator of General 
                Services.
            ``(2) Coordination of certain activities.--The facilitation 
        of communication, collaboration, and training described in 
        paragraph (1)(H) shall, when appropriate, be coordinated and 
        defined through written agreements entered into between the 
        Director and the heads of the applicable agencies.
            ``(3) Non-monetary donations.--Each Federal Executive Board 
        may accept donations of supplies, services, land, and equipment 
        consistent with the purposes described in paragraphs (1) 
        through (5) of subsection (a), including to assist in carrying 
        out the activities described in paragraph (1) of this 
        subsection.
            ``(4) Programmatic assessments.--Not less frequently than 
        semi-annually or following each major programmatic activity, 
        each Federal Executive Board shall assess the experience of 
        participants or other relevant stakeholders in each program 
        provided by the Federal Executive Board.
    ``(f) Funding.--
            ``(1) Establishment of fund.--The Director, in coordination 
        with the Director of the Office of Management and Budget and 
        the Administrator of General Services, shall establish a 
        Federal Executive Board Fund within the Office of Personnel 
        Management for financing essential Federal Executive Board 
        functions for the purposes of staffing and operating expenses.
            ``(2) Deposits.--There shall be deposited in the fund 
        established under paragraph (1) amounts transferred to the fund 
        pursuant to paragraph (3) from each agency participating in 
        Federal Executive Boards, according to a formula established by 
        the Director--
                    ``(A) in consultation with the headquarters of 
                those agencies; and
                    ``(B) in coordination with the Director of the 
                Office of Management and Budget and the Administrator 
                of General Services.
            ``(3) Contributions.--
                    ``(A) Contribution transfers.--Subject to the 
                formula for contributions established by the Director 
                under paragraph (2), each agency participating in 
                Federal Executive Boards shall transfer amounts to the 
                fund established under paragraph (1).
                    ``(B) Formula.--
                            ``(i) In general.--The formula for 
                        contributions established by the Director under 
                        paragraph (2) shall consider the number of 
                        employees in each agency in all geographic 
                        areas served by Federal Executive Boards.
                            ``(ii) Recalculation.--The contribution of 
                        the headquarters of each agency under clause 
                        (i) to the fund established under paragraph (1) 
                        shall be recalculated not less frequently than 
                        every 2 years.
                    ``(C) In-kind contributions.--At the discretion of 
                the Director, an agency may provide in-kind 
                contributions instead of, or in addition to, providing 
                monetary contributions to the fund established under 
                paragraph (1).
            ``(4) Minimum amount.--
                    ``(A) In general.--The fund established under 
                paragraph (1) shall include a minimum of $15,000,000 in 
                each fiscal year, to remain available until expended.
                    ``(B) Adjustment.--The Director shall adjust the 
                amount required under subparagraph (A) every 2 years on 
                a schedule aligned with the recalculation described in 
                paragraph (3)(B)(ii) to reflect--
                            ``(i) the percentage increase, if any, in 
                        the Consumer Price Index for all Urban 
                        Consumers as determined by the Bureau of Labor 
                        Statistics; and
                            ``(ii) any changes in costs related to 
                        Federal pay changes authorized by the President 
                        or by an Act of Congress.
            ``(5) Use of excess amounts.--Any unobligated and 
        unexpended balances in the fund established under paragraph (1) 
        that the Director determines to be in excess of amounts needed 
        for Federal Executive Board functions shall be allocated among 
        the Federal Executive Boards for the activities described in 
        subsection (e) by the Director--
                    ``(A) in coordination with the Director of the 
                Office of Management and Budget and the Administrator 
                of General Services; and
                    ``(B) in consultation with the headquarters of 
                agencies participating in Federal Executive Boards.
            ``(6) 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, in coordination with the Director of 
the Office of Management and Budget and the Administrator of General 
Services, shall submit biennial reports to Congress and to agencies 
participating in Federal Executive Boards on the outcomes of and budget 
matters related to Federal Executive Boards.
    ``(h) Regulations.--The Director, in coordination with the Director 
of the Office of Management and Budget and the Administrator of General 
Services, shall prescribe regulations necessary to carry out this 
section.''.
    (b) Report.--
            (1) Definition.--In this subsection, the term ``Federal 
        Executive Board'' has the meaning given the term in section 
        1106(b) of title 5, United States Code, as added by subsection 
        (a) of this section.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management, in coordination with the Director of the Office of 
        Management and Budget and the Administrator of General 
        Services, shall submit to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Oversight and Accountability of the House of Representatives a 
        report that includes--
                    (A) a description of essential Federal Executive 
                Board functions;
                    (B) details of staffing requirements for each 
                Federal Executive Board; and
                    (C) estimates of staffing and operating expenses 
                for each Federal Executive Board.
    (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. 203

118th CONGRESS

  1st Session

                                 S. 285

                          [Report No. 118-95]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 11, 2023

                       Reported with an amendment