[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4355-S4357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Mr. Akaka):
  S. 806. A bill to provide for the establishment, administration, and 
funding of Federal Executive Boards, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. VOINOVICH. Mr. President, I rise today with Senator Akaka to 
introduce the Federal Executive Board Authorization Act of 2009 in 
order to provide for the establishment, administration and funding of 
Federal Executive Boards, FEBs.
  As you may know, President Kennedy issued a ``Memorandum on the Need 
for Greater Coordination of Regional and Field Activities of the 
Government'' in 1961 that noted that more than 90 percent of Federal 
employees work outside of Washington, DC. President Kennedy wanted to 
strengthen the coordination of their activities, so he directed ``the 
establishment of a Board of Federal Executives'' to ``consider 
management matters and interdepartmental cooperation and establish 
liaison with State and local government officials in their regions.'' 
That Memorandum led to the creation of ten FEBs to ``increase the 
effectiveness and economy of Federal agencies.''
  These FEBs proved their worth, because the number of FEBs across the 
Nation has increased to 28 FEBs total in Atlanta, Baltimore, Boston, 
Buffalo, Chicago, Cincinnati, Cleveland, Dallas-Fort Worth, Denver, 
Detroit, Honolulu, Houston, Kansas City, Los Angeles, Minnesota, 
Newark, New Mexico, New Orleans, New York City, Oklahoma, Oregon, 
Philadelphia, Pittsburgh, St. Louis, San Antonio, San Francisco, 
Seattle, and South Florida. Those FEBs serve an important role in 
coordinating Federal activities. For example, earlier this year a 
proactive FEB executive director sent an e-mail to her FEB colleagues 
in an effort to coordinate stimulus spending.
  However, a 2007 Government Accountability Office, GAO, report, 
``Additional Steps Needed to Take Advantage of Federal Executive 
Boards' Ability to Contribute to Emergency Operations,'' noted that 
FEBs have no congressional charter and rely on voluntary contributions 
from their member agencies for funding. Because such voluntary 
contributions result in financial uncertainty on the part of FEBs, GAO 
recommended that the Office of Personnel Management, OPM, develop a 
proposal to address the uncertainty of funding sources for FEBs. Based 
on that recommendation, the Federal Executive Board Authorization Act 
of 2009 provides for the establishment, administration and funding of 
FEBs.
  The legislation is based in large part on Title 5 of the Code of 
Federal Regulations, where OPM has set forth regulations relating to 
the authority, location, and membership of FEBs. Similar to those 
provisions, this bill calls on the Director of OPM to determine where 
to establish FEBs and requires the Director to consult with agencies in 
making that determination. The bill also provides that FEBs shall 
consist of senior officials from appropriate agencies in those areas. 
Also similar to provisions in the Code of Federal Regulations, the bill 
authorizes the Director of OPM to establish staffing policies for FEBs, 
designate an agency to staff each FEB, establish communications 
policies, performance standards and accountability initiatives for 
FEBs, and administer FEB funding.
  The Federal Executive Board Authorization Act of 2009 also requires 
each FEB to adopt bylaws or other rules for its internal governance, 
elect a chairman from among its members, provide a forum for the 
exchange of information, and develop coordinated approaches to the 
development and operation of programs that have common characteristics. 
Under the bill, FEBs would be required to communicate management 
initiatives and other concerns from Washington, DC to the field and 
develop relationships with State and local governments and private 
sector organizations to help coordinate emergency management and 
homeland security matters.
  To address GAO's concern about the uncertainty of FEB funding, the 
legislation establishes a fund for FEB operations which would be 
administered by OPM. The fund would consist of contributions from OPM 
for administrative and oversight activities as well as contributions 
from each agency participating in FEBs for staffing and operations. 
Each agency's contribution would be determined by a formula established 
by the Director of OPM in consultation with agencies and the Office of 
Management and Budget, and that formula must take into account each 
agency's number of employees in areas served by FEBs.
  President Kennedy showed great foresight when he called for the 
coordination of Federal agencies' activities in 1961, and FEBs have 
done a good job since then in coordinating their work. These FEBs need 
a congressional charter and a set source of funding, so I hope the 
Senate will act quickly to pass this legislation, which OPM and GAO 
were consulted in drafting.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 806

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FEDERAL EXECUTIVE BOARDS.

       (a) In General.--Chapter 11 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the coordination of Government activities;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs;
       ``(3) facilitate communication and collaboration on Federal 
     emergency preparedness and continuity of operations to 
     address homeland security issues, including natural 
     disasters, acts of terrorism, and other man-made disasters, 
     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.

[[Page S4356]]

       ``(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 Federal officers and employees in the 
     Washington, D.C. area and Federal officers and employees in 
     the geographic area; 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 emergency management and homeland security 
     issues; 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, 
     including basic staffing and operating expenses.
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1)--
       ``(A) contributions from the Office of Personnel Management 
     to fund administrative and oversight activities conducted 
     under subsection (d);
       ``(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.
       ``(3) Contributions.--
       ``(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.
       ``(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 emergency preparedness 
     training.
       ``(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) 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.''.

  Mr. AKAKA. Mr. President, I am pleased to join my good friend Senator 
Voinovich as we introduce the Federal Executive Board Authorization Act 
of 2009 to formalize Federal Executive Boards, FEBs, in the Executive 
Branch of the Federal Government.
  President Kennedy issued a Directive in 1961 creating FEBs to allow 
the heads of Federal agencies outside of Washington, DC to come 
together to address local issues in their Federal communities. There 
are now 28 Boards in 20 States, including Hawaii. Because they have 
never been authorized in legislation, FEBs have no institutionalized 
structure; each has its own operating structure. Some have an executive 
director, while some have no permanent staff at all. They also do not 
receive specific appropriations. As a result, FEBs must cobble together 
voluntary funding from participating agencies.
  The Office of Personnel Management oversees the mission and 
activities of FEBs. Part of FEBs' mission is to offer agencies outside 
of Washington, DC an opportunity to share information, collaborate to 
address shared concerns, discuss management and administrative 
challenges, and come together as a Federal community. Each Board sets 
its own specific priorities and activities based on local concerns and 
the leadership in a given area.
  Additionally, FEBs' mission is to play a critical support role in 
coordinating emergency preparedness and response efforts for a given 
area. The Honolulu-Pacific Federal Executive Board regularly hosts and 
participates in preparedness exercises in Hawaii and the Pacific Rim. 
When the Interstate 35 West Bridge collapsed over the Mississippi River 
in Minneapolis, Minnesota on August 1, 2007, the Executive Director of 
the Minnesota FEB helped disseminate critical information to over 100 
Federal agencies and coordinate with the State and local emergency 
response network. FEBs have shared information with each other to 
assist in preparing for large events as well. For example, the Boston 
FEB used their experience with the Democratic National Convention in 
2004 to help the Denver and Minnesota FEBs prepare for the National 
Party Conventions in 2008.
  At a hearing of the Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia on 
September 28, 2007, which I chaired, it was clear that FEBs lack of 
formal structure hinders their critical support role in emergency 
preparedness and response. At that hearing, the Government 
Accountability Office, GAO, testified that FEBs have no clear role in 
national emergency planning, no framework to operate, no accountability 
in performing their duties, and no funding to carry out their missions. 
Additionally, FEB Executive Directors from around the country testified 
about the frustrations of operating without stable funding or a clear 
structure.
  Since the hearing, FEBs have been included in FEMA's National 
Response Framework, and OPM and FEMA have signed a memorandum of 
understanding, MOU, giving FEBs a formal role in emergency preparedness 
and response. The Federal Executive Board Authorization Act of 2009 
would implement other recommendations made by GAO and the 
representatives from FEBs at the 2007 hearing. More specifically, the 
bill would formalize the role of Federal Executive Boards, which would 
include interagency collaboration and Federal agency emergency 
preparedness and response outside of Washington, DC; establish a 
process for establishing new FEBs; require OPM to establish performance 
standards for

[[Page S4357]]

FEBs; specify a funding formula, which OPM will administer, for FEBs 
based on the number of employees in a Federal agency in a given area; 
and authorize staffing levels for each FEB to have at least an 
Executive Director and one support staff member.
  Eighty-five percent of the Federal workforce is employed outside of 
the Washington, DC area. We spend billions of dollars preparing the 
National Capital Region for emergencies, but we must focus more on 
Federal Government agency emergency preparedness and response outside 
of the Washington area. This legislation will address that pressing 
need. I urge my colleagues to support this important bill.
                                 ______