[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Proposed Rules]
[Pages 70559-70561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29848]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 67, No. 227 / Monday, November 25, 2002 / 
Proposed Rules  

[[Page 70559]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 960

RIN 3206-AJ68


Federal Executive Boards

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is proposing to 
revise its regulations governing Federal Executive Boards. The proposed 
regulations are intended to make the regulations concerning the Boards 
consistent with the current OPM structure and not to make substantive 
changes.

DATES: Comments must be submitted on or before January 24, 2003.

ADDRESSES: Send or deliver written comments to Paula L. Bridgham, 
Director for Federal Executive Board Operations U.S. Office of 
Personnel Management, Room 5524, 1900 E Street, NW, Washington, DC 
20415: (FAX: (202) 606-3350 or e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: Paula L. Bridgham, Director for 
Federal Executive Board Operations, U.S. Office of Personnel 
Management, (202) 606-1000; FAX: (202) 606-3350 or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
proposing to revise its current regulations concerning Federal 
Executive Boards. The purpose of this revision to part 960 is not to 
make substantive changes but, rather, to make part 960 more readable 
and consistent with current OPM structure. For example, we have deleted 
or revised repetitive and duplicative sections, updated titles and 
locations of agency officials, and made other simplifying changes.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because the 
effects are limited primarily to federal employees and other entities 
doing business with OPM.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 960

    Organization and functions (Government agencies).

    Office of Personnel Management.
Kay Coles James,
Director.
    Accordingly, OPM is proposing to revise part 960 of title 5 of the 
Code of Federal Regulations as follows:

PART 960--FEDERAL EXECUTIVE BOARDS

Sec.
960.101 Definitions.
960.102 What is the authority and status for Federal Executive 
Boards?
960.103 Where are Federal Executive Boards located?
960.104 Who are members of Federal Executive Boards?
960.105 How are Federal Executive Boards organized?
960.106 What is the Office of Personnel Management's leadership 
role?
960.107 What are the authorized activities of Federal Executive 
Boards?
960.108 Are there additional rules and directives for Federal 
Executive Boards?

    Authority: Memorandum of the President for Heads of Departments 
and Agencies (November 10, 1961).


Sec.  960.101  Definitions.

    For purposes of this part:
    The term Director means the Director of the United States Office of 
Personnel Management.
    The term Executive agency means a department, agency, or 
independent establishment in the Executive Branch.
    The term metropolitan area means a geographic zone surrounding a 
major city, as defined by the Director.
    The term principal area officer means, with respect to an Executive 
agency, the senor official of the Executive agency who is located in a 
metropolitan area and who has no superior official within that 
metropolitan area other than in the Regional Office of the Executive 
agency. Where an Executive agency maintains facilities of more than one 
bureau or other subdivision within the metropolitan area, and where the 
heads of those facilities are in separate chains of command within the 
Executive agency, then the a may have more than one principal area 
officer.
    The term principal regional officer means, with respect to an 
Executive agency, the senior official in a Regional Office of the 
Executive agency.
    The term special representative means, with respect to an Executive 
agency, an official who is not subject to the supervision of a 
principal regional officer or a principal area officer and who is 
specifically designated by the head of the Executive agency to serve as 
the personal representative of the head of the Executive agency.


Sec.  960.102  What is the authority and status for Federal Executive 
Boards?

    Federal Executive Boards are established by direction of the 
President in order to strengthen the management and administration of 
Executive Branch activities in selected centers of field operations. 
Federal Executive Boards are organized and function under the authority 
of the Director.


Sec.  960.103  Where are Federal Executive Boards located?

    There are Federal Executive Boards in the following metropolitan 
areas: Albuquerque-Santa Fe, Atlanta, Baltimore, Boston, Buffalo, 
Chicago, Cincinnati, Cleveland, Dallas-Fort Worth, Denver, Detroit, 
Honolulu, Houston, Kansas City, Los Angeles, Miami, Minneapolis-St. 
Paul, New Orleans, New York, Newark, Oklahoma City, Philadelphia, 
Pittsburgh, Portland, St. Louis, San Antonio, San Francisco, and 
Seattle. The Director may dissolve, merge, divide or expand any of the 
existing Federal Executive Boards, or establish new Federal Executive 
Boards.


Sec.  960.104  Who are members of Federal Executive Boards?

    (a) Presidential Directive. The President directed the heads of 
agencies to arrange for the leading officials of their respective 
agencies' field activities to participate personally in the work of 
Federal Executive Boards.
    (b) Members. The head of every Executive agency shall designate, by 
title of office, the principal regional

[[Page 70560]]

officer, if any, and the principal area officer or officers, if any, 
who shall represent the agency on each Federal Executive Board; and by 
name and title of office, the special representative, if any, who shall 
represent the head of the agency on each Federal Executive Board. Such 
designations shall be made in writing and transmitted to the Director, 
and may be transmitted through the Chairs of the Federal Executive 
Boards. Designations may be amended at any time by the head of the 
Executive agency.
    (c) Alternate Members. Each member of a Federal Executive Board may 
designate an alternate member, who shall attend meetings and otherwise 
serve in the absence of the member. An alternate member shall be the 
deputy or principal assistant to the member or another senior official 
of the member's organization.


Sec.  960.105  How are Federal executive Boards organized?

    (a) Bylaws. A Federal Executive Board shall adopt bylaws or other 
rules for its internal governance, subject to the approval of the 
Director. Such bylaws and other rules may reflect the particular needs, 
resources, and customs of each Federal Executive Board, provided that 
they are not inconsistent with the provisions of this part or with the 
directives of the President or the Director. To the extent that such 
bylaws and other rules conflict with these provisions or the directives 
of the President or the Director, such bylaws and other rules shall be 
null and void.
    (b) Chair. Each Federal Executive Board shall have a Chair, who 
shall be elected by the members from among their number, and who shall 
serve for a term of office not to exceed 1 year.
    (c) Staff. As they deem necessary, members shall designate 
personnel from their respective organizations to serve as the staff or 
participate in the activities of the Federal Executive Board. Other 
personnel may serve as staff of a Federal Executive Board only with the 
approval of the Director.
    (d) Unless otherwise expressly provided by law, by directive of the 
President or the Director, or by the bylaws of the Federal Executive 
Board, every committee, subcommittee, council, and other sub-unit of 
the Federal Executive Board, and every affiliation of the Federal 
Executive Board with external organizations, shall expire upon 
expiration of the term of office of the Chair. Such a committee, 
subcommittee, council, other sub-unit, or affiliation may be 
reestablished or renewed by affirmative action of the Federal Executive 
Board.
    (e) Board Actions. A Federal Executive Board shall take actions 
only with the approval of a majority of the members thereof. This 
authority may not be delegated. All activities of a Federal Executive 
Board shall conform to applicable laws and shall reflect prudent uses 
of official time and funds.


Sec.  960.106  What is the Office of Personnel Management's leadership 
role?

    (a) Role of the Director. The Director is responsible to the 
President for the organizational and programmatic activities of the 
Federal Executive Boards. The Director shall direct and oversee the 
operations of Federal Executive Boards consistent with law and with the 
directives of the President. The Director may consult with the Chairs, 
members, and staff of the Federal Executive Boards.
    (b) Communications. The Office of Personnel Management shall 
maintain a channel of communication from the Director through the 
Director for Federal Executive Board Operations to the Chairs of the 
Federal Executive Boards. Any Executive agency may communicate with the 
Director and wit the Federal Executive Boards. Chairs of Federal 
Executive Boards may communicate with the Director on recommendations 
for action at the national level, on significant management problems 
that cannot be addressed at the local level, and on other matters of 
interest to the Executive Branch.
    (c) Reports. Each Federal Executive Board shall transmit to the 
Director an annual strategic plan and an annual report, signed by the 
Chair, describing the significant programs and activities of the 
Federal Executive Board in each fiscal year. Each strategic plan shall 
set forth the proposed general agenda for the succeeding fiscal year. 
The strategic plan shall be subject to the approval of the Director. 
Each annual report shall describe and evaluate the preceding fiscal 
year's activities. Annual reports shall be submitted on or before 
January 1 and annual strategic plans shall be submitted on or before 
July 1. In addition, members of Federal Executive Boards shall keep the 
headquarters of their respective Executive agencies informed of their 
activities by timely reports through appropriate agency channels.
    (d) Conferences. The Director may convene regional and national 
conferences of Chairs and other representatives of Federal Executive 
Boards.


Sec.  960.107  What are the authorized activities of Federal Executive 
Boards?

    (a) Each Federal Executive Board serves as an instrument of 
outreach for the national headquarters of the Executive Branch in the 
metropolitan area. Each Federal Executive Board shall consider common 
management and program problems and develop cooperative arrangements 
that promote the general objectives of the Government and of the 
several Executive agencies in the metropolitan area. Efforts of 
members, alternates, and staff in those areas shall be made with the 
guidance and approval of the Director; within the range of the 
delegated authority and discretion they hold; within the resources 
available; and consistent with the missions of the Executive agencies 
involved.
    (b) Each Federal Executive Board shall:
    (1) Provide a forum for the exchange of information between 
Washington and the field, and among field elements in the metropolitan 
area, about programs and management methods and issues;
    (2) Develop local coordinated approaches to the development and 
operation of programs that have common characteristics;
    (3) Communicate management initiatives and other concerns from 
Washington to the field to achieve mutual understanding and support; 
and
    (4) Refer problems that cannot be solved locally to the national 
level.
    (c) Subject to the guidance of the Director, the Federal Executive 
Boards shall provide local leadership and coordination for:
    (1) Presidential initiatives on management reforms; personnel 
initiatives of the Office of Personnel Management; programs of the 
Office of Management and Budget and the General Services 
Administration;
    (2) The local Combined Federal Campaign, under the direction of the 
Director;
    (3) The sharing of technical knowledge and resources in finance, 
internal auditing, personnel management, information technology, 
interagency use of training and meeting facilities, and similar 
commonly beneficial activities;
    (4) The pooling of resources to provide, as efficiently as 
possible, and at the least possible cost to the taxpayers, common 
services such as cardiopulmonary resuscitation (CPR) training, 
preventive health programs, child care and elder care activities, blood 
donor programs, and savings bond drives;
    (5) Encouragement of employee initiative and better performance

[[Page 70561]]

through special recognition and other incentive programs, and provision 
of assistance in the implementation and upgrading of performance 
management systems;
    (6) Emergency operations, such as under hazardous weather 
conditions and natural or man-made disasters; responding to blood 
donation needs; and communicating related leave policies;
    (7) Recognition of the service of American Veterans and 
dissemination of information relating to programs and benefits 
available for veterans in the Federal service; and
    (8) Other programs, projects, and operations as approved by the 
Director.
    (d) The Office of Personnel Management shall advise Federal 
Executive Boards on activities in the areas of performance appraisal 
and incentives, interagency training programs, the educational 
development of Government employees, improvement of labor-management 
relations, equal employment opportunity, the Federal Women's Program, 
the Federal Equal Opportunity Recruitment Program, the Hispanic 
Employment Program, the Veterans Employment Program, and selective 
placement programs for individuals with disabilities.
    (e) The Director may direct one or more of the Federal Executive 
Boards to address specific programs or undertake cooperative 
activities.


Sec.  960.108  Are there additional rules and directives for Federal 
Executive Boards?

    The Director may issue additional rules, guidance, and directives 
to the Federal Executive Boards.

[FR Doc. 02-29848 Filed 11-22-02; 8:45 am]
BILLING CODE 6325-46-M