[Senate Report 118-95]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 203


118th Congress }                                          { Report
                            SENATE                           
 1st Session   }                                          { 118-95
                                                              
_______________________________________________________________________

                                     

                                                      

                    IMPROVING GOVERNMENT EFFICIENCY

                   AND WORKFORCE DEVELOPMENT THROUGH

                  FEDERAL EXECUTIVE BOARDS ACT OF 2023

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 285

            TO PROVIDE FOR THE PERPETUATION, ADMINISTRATION,
              AND FUNDING OF FEDERAL EXECUTIVE BOARDS, AND
                           FOR OTHER PURPOSES




               September 11, 2023.--Ordered to be printed
               
               
               
               
                        ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 39-010               WASHINGTON : 2023            
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
            Lena C. Chang, Director of Governmental Affairs
              Devin M. Parsons, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk

                                                       Calendar No. 203
                                                       
118th Congress }                                                {  Report
                                 SENATE
 1st Session   }                                                {  118-95

======================================================================



 
             IMPROVING GOVERNMENT EFFICIENCY AND WORKFORCE 
        DEVELOPMENT THROUGH FEDERAL EXECUTIVE BOARDS ACT OF 2023

                                _______
                                

               September 11, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 285]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 285), to provide 
for the perpetuation, administration, and funding of Federal 
Executive Boards, and for other purposes, having considered the 
same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis of the Bill, as Reported.............5
  V. Evaluation of Regulatory Impact..................................7
 VI. Congressional Budget Office Cost Estimate........................7
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    S. 285, the Improving Government Efficiency and Workforce 
Development through Federal Executive Boards Act of 2023, would 
formally authorize Federal Executive Boards (FEBs). FEBs 
coordinate federal activities outside of Washington, DC, and 
develop state and local partnerships, including for the 
purposes of emergency preparedness and workforce development. 
The bill would establish an interagency fund for FEB 
operations.\1\
---------------------------------------------------------------------------
    \1\On September 28, 2022, the Committee approved S. 4894, the 
Improving Government Efficiency and Workforce Development through 
Federal Executive Boards Act of 2022. That bill, as reported, is 
substantially similar to S. 285. Accordingly, this committee report is, 
in many respects, similar to the committee report for S. 4894. See S. 
Rept. 117-252.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    President John F. Kennedy established Federal Executive 
Boards (FEBs) in 1961 through a directive to federal agencies. 
In a memo to the heads of federal departments and agencies, 
President Kennedy described FEBs as an effort to better 
coordinate and strengthen government activities outside the 
nation's capital. The President directed the Civil Service 
Commission to establish an FEB in each of its administrative 
regions across the country, with the participation of the heads 
of agency field offices and installations.\2\
---------------------------------------------------------------------------
    \2\Federal Executive Boards, Presidential Directive (Nov. 10, 1961) 
(www.feb.gov/about/
presidential-directive/).
---------------------------------------------------------------------------
    Currently, approximately 85% of federal employees work 
outside of Washington, DC.\3\ There are 28 FEB locations in 
metropolitan areas that are major centers of federal 
activity.\4\ The Office of Personnel Management (OPM) has the 
authority to dissolve, merge, divide, or establish new FEBs 
based on resources and regional needs.\5\ Members of FEBs 
include the highest ranking federal officials of each agency 
within the geographic region.\6\ In each geographic area, the 
FEB represents 140 agency components on average, including 
civilian, military, postal, and law enforcement agencies. One 
or two full-time employees manage daily FEB office operations 
in the roles of Executive Director and Deputy Director or 
Assistant.\7\
---------------------------------------------------------------------------
    \3\Federal Executive Boards, Home Page (www.feb.gov/) (accessed May 
18, 2023).
    \4\Federal Executive Boards, Frequently Asked Questions 
(www.feb.gov/faqs/) (accessed May 18, 2023); Federal Executive Boards, 
Locations (www.feb.gov/board-locations/) (accessed May 18, 2023); The 
28 FEB locations include: Atlanta, Georgia; Baltimore, Maryland; 
Boston, Massachusetts; Buffalo, New York; Chicago, Illinois; 
Cincinnati, Ohio; Cleveland, Ohio; Colorado; Dallas-Ft. Worth, Texas; 
Detroit, Michigan; Honolulu-Pacific, Hawaii; Houston, Texas; Kansas 
City, Missouri; Los Angeles, California; Minnesota; New Mexico; New 
Orleans, Louisiana; New York City, New York; Newark, New Jersey; 
Oklahoma; Oregon; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; 
Saint Louis, Missouri; San Antonio, Texas; San Francisco, California; 
Seattle, Washington; and South Florida.
    \5\5 CFR Sec. 960.103; Federal Executive Boards, Frequently Asked 
Questions (www.feb.gov/
faqs/) (accessed May 18, 2023).
    \6\Federal Executive Boards, Frequently Asked Questions 
(www.feb.gov/faqs/) (accessed May 18, 2018).
    \7\Id; Federal Executive Boards, Federal Executive Board National 
Network: Annual Report Fiscal Year 2022 (May 2023) (www.feb.gov/plans-
reports/federal-executive-board-2022-annual-
report.pdf).
---------------------------------------------------------------------------
    The activities of FEBs vary depending on their region's 
needs, but they often include sharing best practices across 
agencies, improving implementation of federal initiatives at 
the state and local levels, and identifying areas of 
duplication to enhance federal government efficiency.\8\ 
Participating agencies describe FEBs as a valuable and 
beneficial resources. According to an agency effectiveness 
survey published in May 2023, 89% of FEB members agreed that 
involvement with the FEB has benefited their agency.\9\
---------------------------------------------------------------------------
    \8\Federal Executive Boards, About (www.feb.gov/about/) (accessed 
May 18, 2023).
    \9\Federal Executive Boards, Federal Executive Board National 
Network: Annual Report Fiscal Year 2022 (May 2023) (www.feb.gov/plans-
reports/federal-executive-board-2022-annual-
report.pdf).
---------------------------------------------------------------------------
    The overarching strategic goals of FEBs include carrying 
out workforce training, sharing best practices, and building 
coalitions among federal agencies and state and local 
entities.\10\ According to their most recent annual report 
published in May 2023, in Fiscal Year 2022 FEBs provided 
workforce training opportunities that resulted in an estimated 
cost avoidance of more than $6.6 million in agency spending. 
FEBs provided alternative dispute resolution programs for 
agencies that resulted in an estimated cost avoidance of more 
than $9.8 million. In addition, FEBs assisted local federal 
agency leaders during emergency responses by providing time-
sensitive status information for a number of natural disasters 
like hurricanes, tornadoes, and winter storms.\11\ In recent 
years, FEBs have played a critical role in responding to the 
COVID-19 pandemic.\12\ FEBs across the country ``served as a 
convening resource'' that enabled agency leaders to discuss 
their pandemic-related concerns and share best practices on an 
ongoing basis.\13\
---------------------------------------------------------------------------
    \10\Federal Executive Boards, Federal Executive Board National 
Network: Strategic Plan Fiscal Years 2023-2024 (Oct. 2022) 
(www.feb.gov/plans-reports/strategic-plan-fy23-fy24.pdf).
    \11\Federal Executive Boards, supra note 9.
    \12\How Federal Executive Boards played a key role in supporting 
the federal workforce during the COVID-19 pandemic, Partnership for 
Public Service (blog) (Apr. 8, 2021) (ourpublicservice.org/blog/how-
federal-executive-boards-played-a-key-role-in-supporting-the-
federal-workforce-during-the-covid-19-pandemic/).
    \13\Federal Executive Boards, Federal Executive Board National 
Network Annual Report Fiscal Year 2020 (Feb. 2021) (www.feb.gov/plans-
reports/federal-executive-board-2020-annual-
report.pdf).
---------------------------------------------------------------------------
    For over 60 years, FEBs have assisted our government's 
emergency preparedness, workforce development, and community 
engagement efforts, particularly during unprecedented times 
like the COVID-19 pandemic.\14\ However, FEBs are not formally 
authorized and do not have a stable source of funding. 
Currently, a voluntary host federal department or agency within 
a given geographic area provides FEB operational funding, even 
though a number of agencies benefit from the FEB 
activities.\15\ This voluntary funding structure can mean 
unreliable commitments of budget and staff by employing 
agencies, which can negatively affect the capacity and 
effectiveness of FEBs.\16\ The lack of an authorized funding 
structure can also mean these entities are at risk of shutting 
down or closing. Additionally, the need for FEBs to focus on 
obtaining funding for basic operations significantly detracts 
from FEB efforts to meet strategic goals, including activities 
related to workforce development.\17\
---------------------------------------------------------------------------
    \14\Stephanie Cheung, Happy 60th anniversary to the Federal 
Executive Boards, Partnership for Public Service (blog) (Nov. 10, 2021) 
(https://ourpublicservice.org/blog/happy-60th-
anniversary-to-the-federal-executive-boards/).
    \15\Federal Executive Boards, supra note 6.
    \16\Biden's Budget Focuses on Making Agencies a `Model Employer,' 
Government Executive (Mar. 29, 2022) (www.govexec.com/workforce/2022/
03/biden-budget-agencies-model-employer/363757/).
    \17\Federal Executive Boards, Federal Executive Board National 
Network Annual Report Fiscal Year 2021 (May 2022) (www.feb.gov/plans-
reports/federal-executive-board-2021-annual-
report.pdf).
---------------------------------------------------------------------------
    Since 2022, the Biden Administration has pursued a 
``refreshed FEB funding and governance model'' involving new 
roles for the Office of Management and Budget (OMB) and the 
General Services Administration (GSA).\18\ In his Fiscal Year 
2023 Budget Request, President Biden called for developing 
pipelines for internships through ``a reinvigorated vision and 
funding model for Federal Executive Boards, to ensure a pulse 
on the Federal impact in communities and support Federal 
employees and agencies across the Nation.''\19\ President 
Biden's Fiscal Year 2024 Budget Request similarly calls for 
``stable and predictable funding'' to enable FEBs ``to 
strengthen the federal workforce, better communicate and 
execute management and workforce priorities, and encourage 
cross-agency local community engagement.''\20\ A congressional 
authorization of an interagency fund for FEB operations would 
provide this stability to FEBs with transparency and continuity 
between Presidential Administrations.
---------------------------------------------------------------------------
    \18\Office of Management and Budget, Analytical Perspectives: 
Budget of the U.S. Government Fiscal Year 2023 (Mar. 28, 2022) (https:/
/www.whitehouse.gov/wp-content/uploads/2022/04/spec_fy2023.pdf).
    \19\Office of Management and Budget, Budget of the U.S. Government 
Fiscal Year 2023 (Mar. 28, 2022) (www.whitehouse.gov/wp-content/
uploads/2022/03/budget_fy2023.pdf).
    \20\Office of Management and Budget, Analytical Perspectives: 
Budget of the U.S. Government Fiscal Year 2024 (Mar. 9, 2023) 
(www.whitehouse.gov/wp-content/uploads/2023/03/spec_fy2024.pdf)
---------------------------------------------------------------------------
    In the 111th Congress, Senate Homeland Security and 
Governmental Affairs Committee member Senator George Voinovich 
(R-OH) introduced the Federal Executive Board Authorization Act 
of 2009, a bill similar to the Improving Government Efficiency 
and Workforce Development through Federal Executive Boards Act 
of 2023, with Senator Daniel Akaka (D-HI) as a cosponsor. This 
bill aimed to statutorily authorize the establishment of FEBs 
and provide for interagency funding for FEBs. The Senate 
Homeland Security and Governmental Affairs Committee marked up 
the bill in July 2009 and in the following November, it passed 
the Senate by unanimous consent. The House Committee on 
Oversight and Government Reform also voted to advance the bill 
by voice vote in 2010, but the bill never received a vote on 
the House floor.\21\
---------------------------------------------------------------------------
    \21\S. 806, 111th Cong. (2009).
---------------------------------------------------------------------------
    The Improving Government Efficiency and Workforce 
Development through Federal Executive Boards Act of 2023 would 
authorize FEBs and establish a stable interagency fund financed 
by contributions from participating agencies for FEB office 
operations. The bill adds a new section 1106 to Title 5, United 
States Code, to authorize Federal Executive Boards, which 
designates OPM, OMB, and GSA as the agencies responsible for 
the oversight and administration of FEBs. This bill would 
ensure FEBs have the resources they need to continue supporting 
agency initiatives and strengthen federal talent pipelines by 
increasing the number of training opportunities in government.

                        III. Legislative History

    Chairman Gary Peters (D-MI) introduced S. 285, the 
Improving Government Efficiency and Workforce Development 
through Federal Executive Boards Act of 2023, on February 7, 
2023, with original cosponsors Senator John Cornyn (R-TX) and 
Senator Alex Padilla (D-CA). The bill was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 285 at a business meeting on 
May 17, 2023. At the business meeting, Chairman Peters offered 
a substitute amendment that added the topics of U.S. 
competitiveness and emerging technologies as subjects for FEBs 
to consider when carrying out their activities related to 
interagency collaboration and training the federal workforce. 
The substitute amendment was adopted by unanimous consent with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Paul, Lankford, Romney, and Scott present. The 
bill, as amended, was ordered reported favorably by roll call 
vote of 10 yeas to 1 nay, with Senators Peters, Hassan, Sinema, 
Rosen, Padilla, Ossoff, Blumenthal, Lankford, Romney, and Scott 
voting in the affirmative and Senator Paul voting in the 
negative. Senators Carper, Johnson, and Hawley voted yea by 
proxy and Senator Marshall voted no by proxy, for the record 
only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Improving Government Efficiency and Workforce Development 
through Federal Executive Boards Act of 2023.''

Section 2. Federal Executive Boards

    Subsection (a) adds a new section 1106 to title 5, United 
States Code, to authorize Federal Executive Boards.
    Subsection (a) of section 1106 describes the purposes of 
the bill to authorize Federal Executive Boards. The purposes 
include: (1) strengthening interagency coordination to improve 
the experience of citizens interacting with agencies; (2) 
facilitating interagency collaboration to improve the 
efficiency and effectiveness of federal initiatives, including 
those that impact the competitiveness of the United States; (3) 
facilitating communication on federal emergency preparedness 
and continuity of operations; (4) facilitating 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 training, 
including with respect to the responsible use of emerging 
technologies; (5) building relationships with state and local 
governments and other entities that collaborate with the 
federal government: and (6) providing stable funding for FEBs 
to enable the activities associated with the other stated 
purposes.
    Subsection (b) of section 1106 defines the terms 
``agency,'' ``Director,'' ``Federal Executive Board,'' 
``institution of higher education,'' and ``state apprenticeship 
agency'' in the context of this section.
    Subsection (c) of the section 1106 directs OPM to support 
Federal Executive Boards in coordination with OMB and GSA. 
Before establishing any new FEBs, OPM must conduct a review of 
existing FEBs and consult with the headquarters of appropriate 
agencies on the number and location of FEBs. Regarding FEB 
location determinations, OPM must take into account federal 
workforce data and the geographic disbursement of the federal 
workforce, factoring in the role of remote work options. 
Membership of FEBs shall consist of the most senior officer of 
each agency in a given geographic area, who may designate an 
alternative representative to attend meetings and represent the 
agency on the FEB.
    Subsection (d) of section 1106 designates OPM, in 
partnership with OMB and GSA, as the agency responsible for the 
oversight and administration of Federal Executive Boards. Their 
responsibilities include establishing staffing and 
accountability policies for FEBs, setting policies for 
disseminating information to agencies participating in FEBs, 
and administering funding to FEBs as established by subsection 
(f).
    Subsection (e) of section 1106 outlines the governance and 
activities of Federal Executive Boards. Each FEB is directed to 
adopt charters or other rules for the internal governance of 
the Board and elect a Chairperson among FEB members to serve 
for set term. FEBs may accept non-monetary donations of 
supplies, services, land, and equipment for carrying out 
activities associated with the purposes described in subsection 
(a), including the activities outlined in this subsection. 
Following each major programmatic activity and at least semi-
annually, FEBs must assess the experiences of participants and 
other relevant stakeholders involved in the program.
    Authorized activities of FEBs under subsection (e) of 
section 1106 include: (1) conducting outreach on local agency 
activities; (2) communicating between the national headquarters 
of agencies and their field offices, as well as among the field 
offices; (3) coordinating the development and operations of 
local programs across agencies that have common characteristics 
or serve the same populations; (4) building relationships with 
state and local governments, institutions of higher education, 
and nongovernmental organizations; (5) facilitating 
communication, collaboration, and training to prepare the 
federal workforce for emergencies and continuity of operations 
at the local level; (6) supporting agency efforts to place and 
recruit students in apprenticeships and paid internships at 
agency field offices; (7) consulting with the Department of 
Labor on the process for establishing registered apprenticeship 
programs within agencies; (8) consulting with state and local 
workforce development boards; (9) leading cross-agency talent 
management initiatives, prioritizing initiatives related to 
conducting outreach to communities of underrepresented 
demographics, addressing federal skills gaps in areas 
designated as high-risk by the Government Accountability 
Office, enabling the federal workforce to adapt to and 
responsibly use emerging technology, and strengthening the 
competiveness of the United States; (10) coordinating with 
Transition Assistance Centers to help servicemembers 
transitioning into civilian life apply for government 
positions; (11) serving as innovation labs that use human-
centered or user-experienced designs for cross-agency 
initiatives; and (12) other actions as agreed to by the FEB and 
OPM, in consultation with OMB and GSA.
    Subsection (f) of section 1106 establishes a dedicated fund 
within OPM to cover the staffing and operating expenses of 
FEBs. OPM, in partnership with OMB and GSA and in consultation 
with agency heads, will establish a formula for contributions 
to be deposited into the fund by agencies that participate in 
Federal Executive Boards. The formula must consider the number 
of employees at each agency in the geographic areas served by 
FEBs and will be recalculated at least every two years. OPM may 
allow agencies to provide in-kind contributions instead of or 
in addition to monetary contributions. The fund must equate to 
a minimum of $15 million, indexed to inflation and factoring in 
any changes in cost due to federal pay adjustments. If the fund 
exceeds the needs of FEBs for operating expenses, the remainder 
will be allocated across FEBs to support the activities 
described in subsection (e).
    Subsection (g) of section 1106 directs OPM, with OMB and 
GSA involvement, to submit biennial reports to Congress and 
participating agencies on FEB outcomes and budget matters.
    Subsection (h) of section 1106 authorizes OPM, with OMB and 
GSA involvement, to prescribe the regulations necessary to 
carry out this section.
    Subsection (b) directs OPM, with OMB and GSA involvement, 
to submit a report to the Senate Committee on Homeland Security 
and Governmental Affairs and the House Committee on Oversight 
and Accountability regarding Federal Executive Boards within 
180 days of the bill's enactment. The report must include a 
description of essential FEB functions, details of staffing 
requirements for each FEB, and estimates of staffing and 
operating expenses for each FEB.
    Subsection (c) amends the table of sections in chapter 11 
of title 5, United States Code, to include section 1106, as 
added by this bill.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate




    S. 285 would require the Office of Personnel Management 
(OPM) to administer and oversee Federal Executive Boards 
(FEBs). The bill also would establish a fund for the office 
operations of FEBs and would require OPM to report on certain 
activities.
    A Presidential directive in 1961 established FEBs to foster 
communication and collaboration among federal agencies with a 
significant number of employees in places other than 
Washington, D.C. OPM oversees FEBs (currently 28), which are 
funded by participating agencies and departments. Under current 
law, the boards do not receive separate appropriations.
    S. 285 would establish statutory authority for FEBs and 
make changes to how they are administered and funded. The bill 
would create uniform staffing and reporting requirements for 
all FEBs and require participating agencies to contribute to a 
new fund established in the bill for their operations. Those 
contributions would be determined by a formula based on the 
number of federal employees at each agency within each area 
served by an FEB and would be indexed to inflation every two 
years. For fiscal year 2023, OPM collected about $15million for 
FEB operations. Based on the minimum funding amount specified 
in S. 285, CBO estimates that implementing the bill would cost 
$79 million over the 2024 2028 period. That spending would be 
subject to the availability of the estimated amounts.
    S. 285 would authorize participating agencies to contribute 
using previously appropriated funds to support the FEBs' 
activities. To the extent that they use funds appropriated in 
2023 or earlier, enacting the bill would affect direct 
spending. CBO expects that amount would be insignificant.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 800 (general government).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 285
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2023     2024     2025     2026     2027     2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization........................        0       15       15       16       16       17         79
Estimated Outlays..............................        0       15       15       16       16       17         79
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

           *       *       *       *       *       *       *


CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT

           *       *       *       *       *       *       *


TABLE OF SECTIONS
Sec.
1101. Office of Personnel Management.
     * * * * * * *
1105. Administrative procedure.
1106. Federal Executive Boards.
     * * * * * * *

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 the 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.

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