[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]
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A BILL
To provide for the perpetuation, administration, and funding of Federal
Executive Boards, and for other purposes.
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September 11, 2023
Reported with an amendment