H. R. 6305
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Connolly of Virginia (for himself and Mr. Platts) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To improve the efficiency of Federal Executive Boards to enhance the coordination, economy, and effectiveness of Federal agency activities, including emergency preparedness and continuity of operations, in geographic areas outside the Washington, D.C., metropolitan area.
This Act may be cited as the
Federal Executive Board Efficiency
Federal executive boards
Chapter 11 of title 5, United States Code, is amended by adding at the end the following:
Federal executive boards
The purposes of this section are to—
strengthen the coordination of Government activities;
facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs;
facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; and
provide stable funding for Federal Executive Boards.
In this section:
The term agency—
means an Executive agency as defined under section 105; and
shall not include the Government Accountability Office.
The term Director means the Director of the Office of Personnel Management.
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.
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.
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.
Location of federal executive boards
In determining the location for the establishment of Federal Executive Boards, the Director shall consider—
whether a Federal Executive Board exists in a geographic area on the date of enactment of this section;
whether a geographic area has a strong, viable, and active Federal Executive Association;
whether the Federal Executive Association of a geographic area petitions the Director to become a Federal Executive Board; and
such other factors as the Director and the headquarters of appropriate agencies consider relevant.
Administration and oversight
The Director shall provide for the administration and oversight of Federal Executive Boards, including—
establishing staffing policies in consultation with the headquarters of agencies participating in Federal Executive Boards;
designating an agency to staff each Federal Executive Board based on recommendations from that Federal Executive Board;
establishing communications policies for the dissemination of information to agencies;
in consultation with the headquarters of appropriate agencies, establishing performance standards for the Federal Executive Board staff;
developing accountability initiatives to ensure Federal Executive Boards are meeting performance standards; and
administering Federal Executive Board funding through the fund established in subsection (f).
In making designations under paragraph (1)(B), the Director shall give preference to agencies staffing Federal Executive Boards.
Governance and activities
Each Federal Executive Board shall—
subject to the approval of the Director, adopt by-laws or other rules for the internal governance of the Federal Executive Board;
elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term;
serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area;
provide a forum for the exchange of information relating to programs and management methods and problems—
between the national headquarters of agencies and the field; and
among field elements in the geographic area;
develop local coordinated approaches to the development and operation of programs that have common characteristics;
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;
develop relationships with State and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board;
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
take other actions as agreed to by the Federal Executive Board and the Director.
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.
Establishment of fund
The Director shall establish a fund within the Office of Personnel Management for financing essential Federal Executive Board functions—
including basic staffing and operating expenses; and
excluding the costs of the Office of Personnel Management relating to administrative and oversight activities conducted under subsection (d).
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.
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.
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.
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.
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.
The Director shall submit annual reports to Congress and agencies on Federal Executive Board program outcomes and budget matters.
The Director shall prescribe regulations necessary to carry out this section.
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—
a description of essential Federal Executive Board functions;
details of basic staffing requirements for each Federal Executive Board;
estimates of basic staffing and operating expenses for each Federal Executive Board; and
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.
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.