II Calendar No. 203 118th CONGRESS 1st Session S. 285 [Report No. 118–95] IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Peters (for himself, Mr. Cornyn , and Mr. Padilla ) introduced the following 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.

1. Short title This Act may be cited as the Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023 . 2. Federal executive boards (a) In general Chapter 11 of title 5, United States Code, is amended by adding at the end the following: 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; (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; (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; and (II) addressing skills gaps within the Federal Government related to high-risk areas as identified by the Government Accountability Office; (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 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. . (b) Report (1) Definition In this subsection, the term Federal Executive Board has the meaning given the term in section 1106(b) of title 5, United States Code, as added by subsection (a) of this section. (2) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report that includes— (A) a description of essential Federal Executive Board functions; (B) details of staffing requirements for each Federal Executive Board; and (C) estimates of staffing and operating expenses for each Federal Executive Board. (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. .

1. Short title This Act may be cited as the Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023 . 2. Federal executive boards (a) In general Chapter 11 of title 5, United States Code, is amended by adding at the end the following: 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 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. . (b) Report (1) Definition In this subsection, the term Federal Executive Board has the meaning given the term in section 1106(b) of title 5, United States Code, as added by subsection (a) of this section. (2) Report Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report that includes— (A) a description of essential Federal Executive Board functions; (B) details of staffing requirements for each Federal Executive Board; and (C) estimates of staffing and operating expenses for each Federal Executive Board. (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. .

September 11, 2023 Reported with an amendment