[Congressional Record Volume 155, Number 164 (Thursday, November 5, 2009)]
[Senate]
[Pages S11233-S11235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL EXECUTIVE BOARD AUTHORIZATION ACT OF 2009

  Mr. CASEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 164, S. 806.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 806) to provide for the establishment and 
     administration and funding of Federal Executive Boards, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FEDERAL EXECUTIVE BOARDS.

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

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the coordination of Government activities;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs;
       ``(3) facilitate communication and collaboration on Federal 
     activities outside the Washington, D.C. metropolitan area; 
     and
       ``(4) provide stable funding for Federal Executive Boards.
       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency'--
       ``(A) means an Executive agency as defined under section 
     105; and
       ``(B) shall not include the Government Accountability 
     Office.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Federal executive board.--The term `Federal Executive 
     Board' means an interagency entity established by the 
     Director, in consultation with the headquarters of 
     appropriate agencies, in a geographic area with a high 
     concentration of Federal employees outside the Washington, 
     D.C. metropolitan area to strengthen the management and 
     administration of agency activities and coordination among 
     local Federal officers to implement national initiatives in 
     that geographic area.
       ``(c) Establishment.--
       ``(1) In general.--The Director shall establish Federal 
     Executive Boards in geographic areas outside the Washington, 
     D.C. metropolitan area. Before establishing Federal Executive 
     Boards that are not in existence on the date of enactment of 
     this section, the Director shall consult with the 
     headquarters of appropriate agencies to determine the number 
     and location of the Federal Executive Boards.
       ``(2) Membership.--Each Federal Executive Board for a 
     geographic area shall consist of an appropriate senior 
     officer for each agency in that geographic area. The 
     appropriate senior officer may designate, by title of office, 
     an alternate representative who shall attend meetings and 
     otherwise represent the agency on the Federal Executive Board 
     in the absence of the appropriate senior officer. An 
     alternate representative shall be a senior officer in the 
     agency.
       ``(3) Location of federal executive boards.--In determining 
     the location for the establishment of Federal Executive 
     Boards, the Director shall consider--
       ``(A) whether a Federal Executive Board exists in a 
     geographic area on the date of enactment of this section;
       ``(B) whether a geographic area has a strong, viable, and 
     active Federal Executive Association;
       ``(C) whether the Federal Executive Association of a 
     geographic area petitions the Director to become a Federal 
     Executive Board; and
       ``(D) such other factors as the Director and the 
     headquarters of appropriate agencies consider relevant.
       ``(d) Administration and Oversight.--
       ``(1) In general.--The Director shall provide for the 
     administration and oversight of Federal Executive Boards, 
     including--
       ``(A) establishing staffing policies in consultation with 
     the headquarters of agencies participating in Federal 
     Executive Boards;
       ``(B) designating an agency to staff each Federal Executive 
     Board based on recommendations from that Federal Executive 
     Board;
       ``(C) establishing communications policies for the 
     dissemination of information to agencies;
       ``(D) in consultation with the headquarters of appropriate 
     agencies, establishing performance standards for the Federal 
     Executive Board staff;
       ``(E) developing accountability initiatives to ensure 
     Federal Executive Boards are meeting performance standards; 
     and
       ``(F) administering Federal Executive Board funding through 
     the fund established in subsection (f).
       ``(2) Staffing.--In making designations under paragraph 
     (1)(B), the Director shall give preference to agencies 
     staffing Federal Executive Boards.
       ``(e) Governance and Activities.--Each Federal Executive 
     Board shall--
       ``(1) subject to the approval of the Director, adopt by-
     laws or other rules for the internal governance of the 
     Federal Executive Board;
       ``(2) elect a Chairperson from among the members of the 
     Federal Executive Board, who shall serve for a set term;
       ``(3) serve as an instrument of outreach for the national 
     headquarters of agencies relating to agency activities in the 
     geographic area;
       ``(4) provide a forum for the exchange of information 
     relating to programs and management methods and problems--
       ``(A) between the national headquarters of agencies and the 
     field; and
       ``(B) among field elements in the geographic area;
       ``(5) develop local coordinated approaches to the 
     development and operation of programs that have common 
     characteristics;

[[Page S11234]]

       ``(6) communicate management initiatives and other concerns 
     from Federal officers and employees in the Washington, D.C. 
     area to Federal officers and employees in the geographic area 
     to achieve better mutual understanding and support;
       ``(7) develop relationships with State and local 
     governments and nongovernmental organizations to help in 
     coordinating agency outreach; and
       ``(8) take other actions as agreed to by the Federal 
     Executive Board and the Director.
       ``(f) Funding.--
       ``(1) Establishment of fund.--The Director shall establish 
     a fund within the Office of Personnel Management for 
     financing essential Federal Executive Board functions--
       ``(A) including basic staffing and operating expenses; and
       ``(B) excluding the costs of the Office of Personnel 
     Management relating to administrative and oversight 
     activities conducted under subsection (d).
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1) contributions from the 
     headquarters of each agency participating in Federal 
     Executive Boards, in an amount determined by a formula 
     established by the Director, in consultation with the 
     headquarters of such agencies and the Office of Management 
     and Budget.
       ``(3) Contributions.--
       ``(A) Formula.--The formula for contributions established 
     by the Director shall consider the number of employees in 
     each agency in all geographic areas served by Federal 
     Executive Boards. The contribution of the headquarters of 
     each agency to the fund shall be recalculated at least every 
     2 years.
       ``(B) In-kind contributions.--At the sole discretion of the 
     Director, the headquarters of an agency may provide in-kind 
     contributions instead of providing monetary contributions to 
     the fund.
       ``(4) Use of excess amounts.--Any unobligated and 
     unexpended balances in the fund which the Director determines 
     to be in excess of amounts needed for essential Federal 
     Executive Board functions shall be allocated by the Director, 
     in consultation with the headquarters of agencies 
     participating in Federal Executive Boards, among the Federal 
     Executive Boards for the activities under subsection (e) and 
     other priorities, such as conducting training.
       ``(5) Administrative and oversight costs.--The Office of 
     Personnel Management shall pay for costs relating to 
     administrative and oversight activities conducted under 
     subsection (d) from appropriations made available to the 
     Office of Personnel Management.
       ``(g) Reports.--The Director shall submit annual reports to 
     Congress and agencies on Federal Executive Board program 
     outcomes and budget matters.
       ``(h) Regulations.--The Director shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall submit a report to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives that includes--
       (1) a description of essential Federal Executive Board 
     functions;
       (2) details of basic staffing requirements for each Federal 
     Executive Board;
       (3) estimates of basic staffing and operating expenses for 
     each Federal Executive Board; and
       (4) a comparison of basic staffing and operating expenses 
     for Federal Executive Boards operating before the date of 
     enactment of this Act and such expenses for Federal Executive 
     Boards after the implementation of this Act.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 11 of title 5, United States Code, is 
     amended by inserting after the item relating to section 1105 
     the following:

``1106. Federal Executive Boards.''.


                         Emergency Preparedness

  Mr. AKAKA. Mr. President, Senator Voinovich and I have offered a 
floor amendment to S. 806, the Federal Executive Board Authorization 
Act of 2009, to clearly authorize and provide guidance for the existing 
work of Federal Executive Boards, FEBs, in emergency preparedness and 
continuity of operations, COOP.
  Mr. VOINOVICH. Mr. President, I want to thank Senator Akaka for 
leading this amendment to recognize FEBs' role in preparing the Federal 
workforce for emergencies. FEBs participate in a number of activities 
in this regard, including working with the Department of Health and 
Human Services to brief the Federal workforce on points of distribution 
that can be set up to dispense medication during health emergencies and 
working with the Office of Personnel Management, OPM, and the Chief 
Human Officers Council to distribute information on human resources 
flexibilities available during snow storms and other emergencies. Our 
floor amendment clarifies that these activities can and should 
continue.
  Mr. AKAKA. Mr. President, as Senator Voinovich has mentioned, FEBs 
already participate in a range of emergency preparedness efforts. These 
include working with OPM and individual agencies to develop COOP plans 
and taking other actions to prepare the Federal workforce for and 
protect them from public health dangers, inclement weather, and other 
emergencies. In 2004, the Government Accountability Office, GAO, 
released a report on COOP planning in the federal sector, which 
recognized that FEBs are uniquely positioned to coordinate emergency 
preparedness efforts among the Federal workforce, given their 
responsibility for improving coordination among federal activities 
outside of Washington, D.C. Following GAO's recommendation, OPM and the 
Federal Emergency Management Agency began more closely coordinating 
their efforts to improve guidance to federal agencies on emergency 
preparation and COOP.
  Our amendment recognizes and provides guidance for such coordination. 
Specifically, our amendment requires FEBs to facilitate communication 
and collaboration on emergency preparedness and COOP activities for the 
Federal workforce in areas where FEBs exist. Our amendment also 
requires each FEB to develop relationships with State and local 
governments and nongovernmental organizations to help fulfill the roles 
and responsibilities of that FEB, and requires that the communication, 
collaboration, and training to prepare the Federal workforce for 
emergencies and COOP be defined through memoranda of understanding, 
MOU, between the Director of OPM and the headquarters of appropriate 
agencies when necessary.
  We do not intend for MOUs to be created for every activity that FEBs 
participate in, nor with every agency participating in FEBs. As the 
substitute amendment states, MOUs should be created where appropriate. 
OPM may need MOUs with those agencies with which FEBs coordinate most 
actively because they play a substantial role in preparing the Federal 
workforce for emergencies and COOP.
  Mr. VOINOVICH. Mr. President, I concur with my colleague. Our floor 
amendment requires FEBs to coordinate with appropriate agencies for 
preparedness, response, and COOP. We do not mean that OPM must enter 
into a memorandum of understanding with every agency that participates 
in an FEB or every agency that is affected by an FEB. We believe OPM 
should have the discretion and flexibility to determine which agencies 
are the ``appropriate agencies'' to coordinate with in any particular 
situation as well as the discretion to decide when that coordination 
needs to be defined in memoranda of understanding or other formal 
agreement.
  Mr. AKAKA. Mr. President, I thank my good friend and colleague from 
Ohio for entering into this colloquy. Recognizing FEBs' role in 
emergency preparedness operations is important to supporting their 
efforts to prepare our Federal workforce. Again, I want to say mahalo 
to Senator Voinovich for his leadership on this important legislation.
  Mr. CASEY. I ask unanimous consent the committee substitute amendment 
be withdrawn; that an Akaka-Voinovich substitute amendment be agreed 
to; the bill, as amended, be read a third time and passed; the motions 
to reconsider be laid upon the table, with no intervening action or 
debate and any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2736) was agreed to, as follows:


                           AMENDMENT NO. 2736

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FEDERAL EXECUTIVE BOARDS.

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

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the coordination of Government activities;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs;
       ``(3) facilitate communication and collaboration on Federal 
     emergency preparedness and continuity of operations for the 
     Federal workforce in applicable geographic areas; and
       ``(4) provide stable funding for Federal Executive Boards.

[[Page S11235]]

       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency'--
       ``(A) means an Executive agency as defined under section 
     105; and
       ``(B) shall not include the Government Accountability 
     Office.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Federal executive board.--The term `Federal Executive 
     Board' means an interagency entity established by the 
     Director, in consultation with the headquarters of 
     appropriate agencies, in a geographic area with a high 
     concentration of Federal employees outside the Washington, 
     D.C. metropolitan area to strengthen the management and 
     administration of agency activities and coordination among 
     local Federal officers to implement national initiatives in 
     that geographic area.
       ``(c) Establishment.--
       ``(1) In general.--The Director shall establish Federal 
     Executive Boards in geographic areas outside the Washington, 
     D.C. metropolitan area. Before establishing Federal Executive 
     Boards that are not in existence on the date of enactment of 
     this section, the Director shall consult with the 
     headquarters of appropriate agencies to determine the number 
     and location of the Federal Executive Boards.
       ``(2) Membership.--Each Federal Executive Board for a 
     geographic area shall consist of an appropriate senior 
     officer for each agency in that geographic area. The 
     appropriate senior officer may designate, by title of office, 
     an alternate representative who shall attend meetings and 
     otherwise represent the agency on the Federal Executive Board 
     in the absence of the appropriate senior officer. An 
     alternate representative shall be a senior officer in the 
     agency.
       ``(3) Location of federal executive boards.--In determining 
     the location for the establishment of Federal Executive 
     Boards, the Director shall consider--
       ``(A) whether a Federal Executive Board exists in a 
     geographic area on the date of enactment of this section;
       ``(B) whether a geographic area has a strong, viable, and 
     active Federal Executive Association;
       ``(C) whether the Federal Executive Association of a 
     geographic area petitions the Director to become a Federal 
     Executive Board; and
       ``(D) such other factors as the Director and the 
     headquarters of appropriate agencies consider relevant.
       ``(d) Administration and Oversight.--
       ``(1) In general.--The Director shall provide for the 
     administration and oversight of Federal Executive Boards, 
     including--
       ``(A) establishing staffing policies in consultation with 
     the headquarters of agencies participating in Federal 
     Executive Boards;
       ``(B) designating an agency to staff each Federal Executive 
     Board based on recommendations from that Federal Executive 
     Board;
       ``(C) establishing communications policies for the 
     dissemination of information to agencies;
       ``(D) in consultation with the headquarters of appropriate 
     agencies, establishing performance standards for the Federal 
     Executive Board staff;
       ``(E) developing accountability initiatives to ensure 
     Federal Executive Boards are meeting performance standards; 
     and
       ``(F) administering Federal Executive Board funding through 
     the fund established in subsection (f).
       ``(2) Staffing.--In making designations under paragraph 
     (1)(B), the Director shall give preference to agencies 
     staffing Federal Executive Boards.
       ``(e) Governance and Activities.--
       ``(1) In general.--Each Federal Executive Board shall--
       ``(A) subject to the approval of the Director, adopt by-
     laws or other rules for the internal governance of the 
     Federal Executive Board;
       ``(B) elect a Chairperson from among the members of the 
     Federal Executive Board, who shall serve for a set term;
       ``(C) serve as an instrument of outreach for the national 
     headquarters of agencies relating to agency activities in the 
     geographic area;
       ``(D) provide a forum for the exchange of information 
     relating to programs and management methods and problems--
       ``(i) between the national headquarters of agencies and the 
     field; and
       ``(ii) among field elements in the geographic area;
       ``(E) develop local coordinated approaches to the 
     development and operation of programs that have common 
     characteristics;
       ``(F) communicate management initiatives and other concerns 
     from Federal officers and employees in the Washington, D.C. 
     area to Federal officers and employees in the geographic area 
     to achieve better mutual understanding and support;
       ``(G) develop relationships with State and local 
     governments and nongovernmental organizations to help fulfill 
     the roles and responsibilities of that Board;
       ``(H) in coordination with appropriate agencies and 
     consistent with any relevant memoranda of understanding 
     between the Office of Personnel Management and such agencies, 
     facilitate communication, collaboration, and training to 
     prepare the Federal workforce for emergencies and continuity 
     of operations; and
       ``(I) take other actions as agreed to by the Federal 
     Executive Board and the Director.
       ``(2) Coordination of certain activities.--The facilitation 
     of communication, collaboration, and training described under 
     paragraph (1)(H) shall, when appropriate, be coordinated and 
     defined through memoranda of understanding entered into 
     between the Director and headquarters of appropriate 
     agencies.
       ``(f) Funding.--
       ``(1) Establishment of fund.--The Director shall establish 
     a fund within the Office of Personnel Management for 
     financing essential Federal Executive Board functions--
       ``(A) including basic staffing and operating expenses; and
       ``(B) excluding the costs of the Office of Personnel 
     Management relating to administrative and oversight 
     activities conducted under subsection (d).
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1) contributions from the 
     headquarters of each agency participating in Federal 
     Executive Boards, in an amount determined by a formula 
     established by the Director, in consultation with the 
     headquarters of such agencies and the Office of Management 
     and Budget.
       ``(3) Contributions.--
       ``(A) Formula.--The formula for contributions established 
     by the Director shall consider the number of employees in 
     each agency in all geographic areas served by Federal 
     Executive Boards. The contribution of the headquarters of 
     each agency to the fund shall be recalculated at least every 
     2 years.
       ``(B) In-kind contributions.--At the sole discretion of the 
     Director, the headquarters of an agency may provide in-kind 
     contributions instead of providing monetary contributions to 
     the fund.
       ``(4) Use of excess amounts.--Any unobligated and 
     unexpended balances in the fund which the Director determines 
     to be in excess of amounts needed for essential Federal 
     Executive Board functions shall be allocated by the Director, 
     in consultation with the headquarters of agencies 
     participating in Federal Executive Boards, among the Federal 
     Executive Boards for the activities under subsection (e) and 
     other priorities, such as conducting training.
       ``(5) Administrative and oversight costs.--The Office of 
     Personnel Management shall pay for costs relating to 
     administrative and oversight activities conducted under 
     subsection (d) from appropriations made available to the 
     Office of Personnel Management.
       ``(g) Reports.--The Director shall submit annual reports to 
     Congress and agencies on Federal Executive Board program 
     outcomes and budget matters.
       ``(h) Regulations.--The Director shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall submit a report to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives that includes--
       (1) a description of essential Federal Executive Board 
     functions;
       (2) details of basic staffing requirements for each Federal 
     Executive Board;
       (3) estimates of basic staffing and operating expenses for 
     each Federal Executive Board; and
       (4) a comparison of basic staffing and operating expenses 
     for Federal Executive Boards operating before the date of 
     enactment of this Act and such expenses for Federal Executive 
     Boards after the implementation of this Act.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 11 of title 5, United States Code, is 
     amended by inserting after the item relating to section 1105 
     the following:

``1106. Federal Executive Boards.''.

  The bill (S. 806), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________