What This Bill Does
This bill creates a permanent system for Federal Executive Boards, which are groups of federal agency leaders who work together in cities outside Washington, DC. The bill sets up a fund to pay for these boards to operate and directs them to help with hiring, training, and emergency planning across multiple government agencies in the same geographic area.
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Who It Affects
- Federal government agencies and their employees
- Senior agency leaders who will serve on Federal Executive Boards
- State and local governments that work with federal agencies
- Colleges, universities, and nonprofit organizations partnering with the federal government
- Military members transitioning to civilian federal jobs
- People applying for federal jobs or internships in areas with Federal Executive Boards
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Key Provisions
- Federal Executive Boards must be located in geographic areas outside the Washington, DC, metropolitan area and must have a high concentration of federal employees. The boards work to improve how agencies coordinate with each other and communicate with the public. (Sec. 2(a), § 1106(b)(3))
- The most senior officer from each federal agency in a geographic area automatically serves on that area's Federal Executive Board. These officers can designate an alternate representative to attend meetings if they cannot. (Sec. 2(a), § 1106(c)(4))
- Each Federal Executive Board must establish a fund with a minimum of $15,000,000 per fiscal year. Federal agencies participating in the boards must contribute money to this fund based on a formula the Director of the Office of Personnel Management creates. The formula considers how many employees each agency has in areas served by Federal Executive Boards. (Sec. 2(a), § 1106(f)(1), (f)(4)(A), (f)(3)(B)(i))
- Federal Executive Boards must conduct activities including recruiting and training federal employees, supporting apprenticeships and paid internships, working with state workforce development boards, and helping military members transition to civilian government jobs. (Sec. 2(a), § 1106(e)(1)(I), (e)(1)(J), (e)(1)(K), (e)(1)(M))
- The Director of the Office of Personnel Management must submit a report to Congress within 180 days describing essential Federal Executive Board functions, staffing requirements for each board, and cost estimates. (Sec. 2(b)(2))
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What Changes
If this bill becomes law, federal agencies will be required to participate in Federal Executive Boards in designated geographic areas and contribute funding to support them. Federal Executive Boards will have a permanent legal structure and stable funding instead of operating on an informal or temporary basis. The Office of Personnel Management will oversee these boards and establish rules for how they operate. Agencies must coordinate on workforce development, emergency preparedness, and hiring across their operations in the same geographic area.
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Important Definitions
- **Agency**: A federal executive agency, but does not include the Government Accountability Office (an independent government auditing organization).
- **Director**: The Director of the Office of Personnel Management (the federal agency that handles hiring and human resources for the government).
- **Federal Executive Board**: A group of senior agency leaders established in a geographic area outside Washington, DC, that works to strengthen how federal agencies coordinate with each other and manage their operations in that area.
- **Institution of Higher Education**: A college or university as defined in the Higher Education Act of 1965.
- **State Apprenticeship Agency**: An organization that manages registered apprenticeship programs in a state, as defined in federal regulations.
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II
Calendar No. 203
118TH CONGRESS
1ST SESSION
S. 285
[Report No. 118–95]
To provide for the perpetuation, administration, and funding of Federal
Executive Boards, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. PETERS (for himself, Mr. CORNYN, and Mr. PADILLA) introduced the fol-
lowing bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
SEPTEMBER 11, 2023
Reported by Mr. PETERS, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To provide for the perpetuation, administration, and funding
of Federal Executive Boards, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 285 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Improving Government
2
Efficiency and Workforce Development through Federal
3
Executive Boards Act of 2023’’.
4
SEC. 2. FEDERAL EXECUTIVE BOARDS.
5
(a) IN GENERAL.—Chapter 11 of title 5, United
6
States Code, is amended by adding at the end the fol-
7
lowing:
8
‘‘§ 1106. Federal Executive Boards
9
‘‘(a) PURPOSES.—The purposes of this section are
10
to—
11
‘‘(1) strengthen the strategic coordination, com-
12
munication, and management of Government activi-
13
ties across the United States, including to improve
14
the experience of citizens interacting with agencies,
15
and to incorporate field perspectives into the prepa-
16
ration of Federal workforce policy goals;
17
‘‘(2) facilitate interagency collaboration to im-
18
prove the efficiency and effectiveness of Federal pro-
19
grams and initiatives;
20
‘‘(3) facilitate communication and collaboration
21
on Federal emergency preparedness and continuity
22
of operations for the Federal workforce in applicable
23
geographic areas;
24
‘‘(4) facilitate strategies and programs for re-
25
cruiting, training, managing, and retaining Federal
26
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•S 285 RS
employees, as well as sharing best practices for im-
1
proving the workforce experience and access to edu-
2
cation and training;
3
‘‘(5) facilitate relationships with State and local
4
governments, colleges and universities, and local
5
nonprofit organizations that collaborate with the
6
Federal Government; and
7
‘‘(6) provide stable funding for Federal Execu-
8
tive Boards to enable the activities described in
9
paragraphs (1) through (5).
10
‘‘(b) DEFINITIONS.—In this section:
11
‘‘(1) AGENCY.—The term ‘agency’—
12
‘‘(A) means an Executive agency, as de-
13
fined in section 105; and
14
‘‘(B) does not include the Government Ac-
15
countability Office.
16
‘‘(2) DIRECTOR.—The term ‘Director’ means
17
the Director of the Office of Personnel Management.
18
‘‘(3) FEDERAL EXECUTIVE BOARD.—The term
19
‘Federal Executive Board’ means an interagency en-
20
tity—
21
‘‘(A) established by the Director—
22
‘‘(i) in coordination with the Director
23
of the Office of Management and Budget
24
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•S 285 RS
and the Administrator of General Services;
1
and
2
‘‘(ii) in consultation with the head-
3
quarters of appropriate agencies;
4
‘‘(B) located in a geographic area with a
5
high concentration of Federal employees outside
6
the Washington, DC, metropolitan area; and
7
‘‘(C) focused on strengthening the manage-
8
ment and administration of agency activities
9
and coordination among local Federal officers
10
to implement national initiatives in that geo-
11
graphic area.
12
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
13
The term ‘institution of higher education’ has the
14
meaning given the term in section 101(a) of the
15
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
16
‘‘(5) STATE
APPRENTICESHIP
AGENCY.—The
17
term ‘State Apprenticeship Agency’ has the meaning
18
given the term in section 29.2 of title 29, Code of
19
Federal Regulations, or any successor regulation.
20
‘‘(c) PERPETUATION AND CONTINUED SUPPORT.—
21
‘‘(1) IN GENERAL.—The Director, in coordina-
22
tion with the Director of the Office of Management
23
and Budget and the Administrator of General Serv-
24
ices, shall continue to support the existence of Fed-
25
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•S 285 RS
eral Executive Boards in geographic areas outside
1
the Washington, DC, metropolitan area.
2
‘‘(2) CONSULTATION.—Before establishing any
3
new Federal Executive Boards that are not in exist-
4
ence on the date of enactment of this section, the
5
Director shall conduct a review of existing Federal
6
Executive Boards and consult with the headquarters
7
of appropriate agencies to guide the determination
8
of the number and location of Federal Executive
9
Boards.
10
‘‘(3) LOCATION.—The Director shall develop a
11
set of criteria to establish and evaluate the number
12
and locations of Federal Executive Boards that
13
shall—
14
‘‘(A) factor in contemporary Federal work-
15
force data as of the date of enactment of this
16
section; and
17
‘‘(B) be informed by the annual changes in
18
workforce data, including the geographic dis-
19
bursement of the Federal workforce and the
20
role of remote work options.
21
‘‘(4) MEMBERSHIP.—
22
‘‘(A) IN GENERAL.—Each Federal Execu-
23
tive Board for a geographic area shall consist of
24
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•S 285 RS
the most senior officer of each agency in that
1
geographic area.
2
‘‘(B) ALTERNATE REPRESENTATIVE.—The
3
senior officer of an agency described in sub-
4
paragraph (A) may designate, by title of office,
5
an alternate representative, who shall—
6
‘‘(i) be a senior officer in the agency;
7
and
8
‘‘(ii) attend meetings and otherwise
9
represent the agency on the Federal Exec-
10
utive Board in the absence of the most
11
senior officer.
12
‘‘(d) ADMINISTRATION AND OVERSIGHT.—The Direc-
13
tor, in coordination with the Director of the Office of Man-
14
agement and Budget and the Administrator of General
15
Services, shall administer and oversee Federal Executive
16
Boards, including—
17
‘‘(1) establishing staffing and accountability
18
policies, including performance standards, for em-
19
ployees responsible for administering Federal Execu-
20
tive Boards with an opportunity for employee cus-
21
tomer service feedback from agencies participating
22
in Federal Executive Boards;
23
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•S 285 RS
‘‘(2) establishing communications policies for
1
the dissemination of information to agencies partici-
2
pating in Federal Executive Boards; and
3
‘‘(3) administering Federal Executive Board
4
funding through the fund established in subsection
5
(f).
6
‘‘(e) GOVERNANCE AND ACTIVITIES.—
7
‘‘(1) IN
GENERAL.—Each Federal Executive
8
Board shall—
9
‘‘(A) subject to the approval of the Direc-
10
tor, adopt charters or other rules for the inter-
11
nal governance of the Federal Executive Board;
12
‘‘(B) elect a Chairperson from among the
13
members of the Federal Executive Board, who
14
shall serve for a set term;
15
‘‘(C) serve as an instrument of outreach
16
relating to agency activities in the geographic
17
area;
18
‘‘(D) provide a forum to amplify the ex-
19
change of information relating to programs and
20
management methods and problems—
21
‘‘(i)
between
the
national
head-
22
quarters of agencies and the field; and
23
‘‘(ii) among field elements in geo-
24
graphic areas;
25
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•S 285 RS
‘‘(E) develop local coordinated approaches
1
to the development and operation of programs
2
that have common characteristics or serve the
3
same populations;
4
‘‘(F) communicate management initiatives
5
and other concerns from Federal officers and
6
employees in the Washington, DC, metropolitan
7
area to Federal officers and employees in the
8
geographic area to achieve better mutual under-
9
standing and support;
10
‘‘(G) develop relationships with State and
11
local governments, institutions of higher edu-
12
cation, and nongovernmental organizations to
13
help fulfill the roles and responsibilities of the
14
Federal Executive Board;
15
‘‘(H)
in
coordination
with
appropriate
16
agencies
and
consistent
with
any
relevant
17
memoranda of understanding between the Of-
18
fice of Personnel Management and those agen-
19
cies,
facilitate
communication,
collaboration,
20
and training to prepare the Federal workforce
21
for emergencies and continuity of operations;
22
‘‘(I) in coordination with appropriate agen-
23
cies, support agency efforts to place and recruit
24
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•S 285 RS
students in training opportunities, particularly
1
apprenticeships and paid internships;
2
‘‘(J) consult with the Secretary of Labor
3
or State Apprenticeship Agencies on the process
4
for establishing registered apprenticeship pro-
5
grams within agencies, as appropriate;
6
‘‘(K) consult with State workforce develop-
7
ment boards and local workforce development
8
boards as established in sections 101 and 107
9
of the Workforce Innovation and Opportunity
10
Act (29 U.S.C. 3111, 3122), respectively, as
11
appropriate;
12
‘‘(L) as appropriate and in accordance
13
with law, rules, and policies, lead cross-agency
14
talent management initiatives—
15
‘‘(i) including interagency—
16
‘‘(I) recruitment and hiring ac-
17
tivities;
18
‘‘(II) internships and apprentice-
19
ships;
20
‘‘(III) onboarding and leadership
21
and management development; and
22
‘‘(IV) mentorship programs; and
23
‘‘(ii) by prioritizing initiatives related
24
to—
25
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‘‘(I) conducting outreach to com-
1
munities of individuals with demo-
2
graphics that are underrepresented in
3
a given occupation or agency; and
4
‘‘(II) addressing skills gaps with-
5
in the Federal Government related to
6
high-risk areas as identified by the
7
Government Accountability Office;
8
‘‘(M) coordinate with the Transition As-
9
sistance Centers established to carry out the
10
Transition Assistance Program of the Depart-
11
ment of Defense to help members of the Armed
12
Forces who are transitioning to civilian life
13
apply for Government positions in the geo-
14
graphic
location
of
the
Federal
Executive
15
Board;
16
‘‘(N) as appropriate, serve as a collabo-
17
rative space where employees from across agen-
18
cies can participate in innovation projects rel-
19
evant to Federal initiatives by applying human-
20
centered
design,
user-experience
design,
or
21
other creativity methods; and
22
‘‘(O) take other actions as agreed to by the
23
Federal Executive Board and the Director, in
24
consultation with the Director of the Office of
25
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•S 285 RS
Management and Budget and the Adminis-
1
trator of General Services.
2
‘‘(2) COORDINATION OF CERTAIN ACTIVITIES.—
3
The facilitation of communication, collaboration, and
4
training described in paragraph (1)(H) shall, when
5
appropriate, be coordinated and defined through
6
written agreements entered into between the Direc-
7
tor and the heads of the applicable agencies.
8
‘‘(3) NON-MONETARY DONATIONS.—Each Fed-
9
eral Executive Board may accept donations of sup-
10
plies, services, land, and equipment consistent with
11
the purposes described in paragraphs (1) through
12
(5) of subsection (a), including to assist in carrying
13
out the activities described in paragraph (1) of this
14
subsection.
15
‘‘(4) PROGRAMMATIC ASSESSMENTS.—Not less
16
frequently than semi-annually or following each
17
major programmatic activity, each Federal Executive
18
Board shall assess the experience of participants or
19
other relevant stakeholders in each program pro-
20
vided by the Federal Executive Board.
21
‘‘(f) FUNDING.—
22
‘‘(1) ESTABLISHMENT OF FUND.—The Direc-
23
tor, in coordination with the Director of the Office
24
of Management and Budget and the Administrator
25
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•S 285 RS
of General Services, shall establish a Federal Execu-
1
tive Board Fund within the Office of Personnel
2
Management for financing essential Federal Execu-
3
tive Board functions for the purposes of staffing and
4
operating expenses.
5
‘‘(2) DEPOSITS.—There shall be deposited in
6
the fund established under paragraph (1) amounts
7
transferred to the fund pursuant to paragraph (3)
8
from each agency participating in Federal Executive
9
Boards, according to a formula established by the
10
Director—
11
‘‘(A) in consultation with the headquarters
12
of those agencies; and
13
‘‘(B) in coordination with the Director of
14
the Office of Management and Budget and the
15
Administrator of General Services.
16
‘‘(3) CONTRIBUTIONS.—
17
‘‘(A) CONTRIBUTION TRANSFERS.—Subject
18
to the formula for contributions established by
19
the Director under paragraph (2), each agency
20
participating in Federal Executive Boards shall
21
transfer amounts to the fund established under
22
paragraph (1).
23
‘‘(B) FORMULA.—
24
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•S 285 RS
‘‘(i) IN GENERAL.—The formula for
1
contributions established by the Director
2
under paragraph (2) shall consider the
3
number of employees in each agency in all
4
geographic areas served by Federal Execu-
5
tive Boards.
6
‘‘(ii) RECALCULATION.—The contribu-
7
tion of the headquarters of each agency
8
under clause (i) to the fund established
9
under paragraph (1) shall be recalculated
10
not less frequently than every 2 years.
11
‘‘(C)
IN-KIN
[Text truncated for display. Full text available on Congress.gov.]