119-s1768

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1768

To establish the Presidential Management Fellows Program, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 14, 2025

 Mr. Kim (for himself and Mr. Merkley) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
 and Governmental Affairs

_______________________________________________________________________

 A BILL

To establish the Presidential Management Fellows Program, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Training Aspiring Leaders Emerging 
Now To Serve Act'' or the ``TALENTS Act''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Advanced degree; qualifying educational institution.--
        (A) In general.--The terms ``advanced degree'' and 
 ``qualifying educational institution'' have the 
 meanings given those terms in 

section 362.102 of title 
 5, Code of Federal Regulations, or any successor 
 regulation.
        (B) Determination by director.--The Director may 
 determine whether a master's certificate qualifies as 
 an advanced degree for the purposes of the Program.

    (2) Agency.--The term ``agency''--
        (A) has the meaning given the term ``Executive 
 agency'' in 

section 105 of title 5, United States Code; 
 and
        (B) includes the Government Publishing Office.

    (3) Agency pmf coordinator.--The term ``agency PMF 
 Coordinator'' means an individual, at the appropriate component 
 level of an agency, who--
        (A) coordinates the placement, development, and 
 other Program-related activities of Fellows appointed 
 in the agency; and
        (B) satisfies the criteria described in 

section 362.104

    (a)

    (8) of title 5, Code of Federal Regulations, 
 or any successor regulation.

    (4) Director.--The term ``Director'' means the Director of 
 the Office of Personnel Management.

    (5) Executive resources board.--The term ``Executive 
 Resources Board''--
        (A) means an Executive Resources Board described in 
 

section 317.501

    (a) of title 5, Code of Federal 
 Regulations, or any successor regulation; and
        (B) with respect to an agency that is not required 
 to have an Executive Resources Board pursuant to 
 

section 317.501

    (a) of title 5, Code of Federal 
 Regulations, or any successor regulation, means the 
 senior agency official to whom the head of the agency 
 has given responsibility for executive resources 
 management and oversight.

    (6) Federal executive board.--The term ``Federal Executive 
 Board'' means a Federal Executive Board established under 
 

section 11.

    (7) Fellow.--The term ``Fellow'' means an individual 
 appointed to serve as a Fellow under the Program.

    (8) Metropolitan area.--The term ``metropolitan area'' 
 means a geographic zone surrounding a major city, as defined 
 and delimited from time to time by the Director.

    (9) Principal area officer.--
        (A) In general.--The term ``principal area 
 officer'' means, with respect to an agency, the senior 
 official of the 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 agency.
        (B) Multiple bureaus.--If an agency maintains 
 facilities of more than 1 bureau or other subdivision 
 within a metropolitan area, and the heads of those 
 facilities are in separate chains of command within the 
 agency, the agency may have more than 1 principal area 
 officer.

    (10) Principal regional officer.--The term ``principal 
 regional officer'' means, with respect to an agency, the senior 
 official in a regional office of the agency.

    (11) Program.--The term ``Program'' means the Presidential 
 Management Fellows Program established under this Act.

    (12) Special representative.--The term ``special 
 representative'' means, with respect to an agency, an official 
 who is--
        (A) not subject to the supervision of a principal 
 regional officer or a principal area officer; and
        (B) specifically designated by the head of the 
 agency to serve as the personal representative of the 
 head of the agency.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--There is established the Presidential 
Management Fellows Program, the purpose of which is to attract to the 
Federal service outstanding individuals from a variety of academic 
disciplines and career paths who have a clear interest in, and 
commitment to, excellence in the leadership and management of public 
policies and programs.

    (b) Director Responsibilities.--

    (1) Number of fellows.--
        (A) In general.--Subject to subparagraph
        (B) , the 
 Director shall determine the number of individuals who 
 will be finalists to be appointed as Fellows during any 
 given fiscal year, which shall be based on input from 
 the Chief Human Capital Officers Council and from 
 agencies not represented on that Council.
        (B) Increase in positions during fiscal years 2026 
 through 2031.--During each of fiscal years 2026 through 
 2031, the Director shall ensure that the number of 
 positions for Fellows under the Program during the 
 applicable fiscal year is equal to 200 percent of the 
 number of positions for Fellows under the Program in 
 the fiscal year preceding the fiscal year in which this 
 Act is enacted, as the Program was carried out under 
 subpart D of part 362 of title 5, Code of Federal 
 Regulations, as in effect during that fiscal year.

    (2) Establishment of qualifications.--The Director shall 
 establish the qualification requirements for evaluating 
 applicants for the Program.
            (c) Agency Processes.--

    (1) In general.--After the Director makes the determination 
 under subsection

    (b)

    (1)
        (A) with respect to a fiscal year, an 
 agency may appoint individuals selected by the Director as 
 finalists to be Fellows according to the short-, medium-, and 
 long-term senior leadership and related recruitment, 
 development, and succession requirements of the agency.

    (2) Field locations outside of washington, dc.--An agency 
 that appoints a Fellow to a position in a field location 
 outside of the Washington, DC metropolitan area may--
        (A) before making the appointment, discuss whether 
 the candidate would like to do a developmental rotation 
 to the headquarters of the agency and, if so, make a 
 commitment to allow and fund such a rotation, to the 
 maximum extent practicable, in accordance with 

section 6

    (b) ; and
        (B) promote interaction among regional Fellows with 
 the agency Federal Executive Board and permit that 
 Fellow to attend activities sanctioned by that Federal 
 Executive Board in that region.

SEC. 4. ANNOUNCEMENT, ELIGIBILITY, AND SELECTION.

    (a) Announcement.--The Director shall annually announce the ability 
to apply for the Program and conduct a competition for the selection of 
finalists, as set forth in this section.

    (b) Eligibility.--

    (1) Application period.--To apply for participation in the 
 Program, an individual shall--
        (A) have obtained an advanced degree from a 
 qualifying educational institution not more than 2 
 years before the date on which the Director makes the 
 applicable announcement under subsection

    (a) ; or
        (B) if the individual is attending a graduate or 
 professional school (such as law school or medical 
 school), as of the date on which the individual 
 applies, expect to complete an advanced degree 
 described in subparagraph
        (A) not later than August 31 
 of the academic year in which the competition is held.

    (2) Service as fellow.--An individual may not serve as a 
 Fellow unless the individual has, not more than 2 years before 
 the date on which the individual begins serving as a Fellow, 
 completed an advanced degree from a qualifying educational 
 institution.

    (3) Multiple applications.--An individual may apply to 
 participate in the Program more than once if the individual 
 satisfies the applicable eligibility criteria, except that, if 
 an individual becomes a finalist and subsequently applies to 
 participate in the Program during the next open announcement, 
 the individual shall forfeit that status of the individual as a 
 finalist.
            (c) Selection.--

    (1) In general.--The Director shall select Fellow finalists 
 based on the results of a rigorous structured assessment 
 process, which shall allow the Director to grant a preference 
 for any individual who is preference eligible, as defined in 
 

section 2108 of title 5, United States Code, in accordance with 
 the provisions of that title.

    (2) Publication of list.--The Director shall publish and 
 provide to agencies a list of Fellow finalists.

SEC. 5. APPOINTMENT AND EXTENSION.

    (a) Appointments.--

    (1) In general.--An agency--
        (A) may, subject to subsection

    (b) , make 2-year 
 appointments to the Program under Schedule D of the 
 excepted service in accordance with part 302 of title 
 5, Code of Federal Regulations, or any successor 
 regulations; and
        (B) shall appoint a Fellow using the excepted 
 service appointing authority provided under 

section 213.3402
            (c) of title 5, Code of Federal Regulations, or 
 any successor regulation.

    (2) Eligibility period.--The Director shall establish an 
 eligibility period during which agencies may appoint Fellow 
 finalists.

    (b) Extensions.--In accordance with criteria established by an 
agency, the agency may extend the term of a Fellow for not more than 
120 days to cover a rare or unusual circumstance.
            (c) Grade.--An agency may appoint a Fellow at the GS-09, GS-11, or 
GS-12 level (or any equivalent under a pay and classification system 
other than the General Schedule, such as the Federal Wage System) 
depending on the qualifications of the Fellow.
            (d) Trial Period.--The duration of the appointment of a Fellow in 
the excepted service shall be considered to be a trial period, but not 
a probationary period.

    (e) Work Schedules.--

    (1) In general.--Subject to the other provisions of this 
 subsection, a Fellow shall have a full-time work schedule.

    (2) Part-time schedules.--
        (A) In general.--A Fellow may request a part-time 
 work schedule for a limited period of not more than 180 
 days, which the agency may approve if--
            (i) the agency and the Fellow have 
 determined that such approval would not 
 negatively impact the ability of the Fellow to 
 meet all Program requirements by the end of the 
 appointment of the Fellow; and
            (ii) the agency includes an approval of a 
 specific time period during which the part-time 
 work schedule applies that the agency 
 determines to be appropriate.
        (B) Updating of agreement.--The Program agreement 
 of a Fellow shall be updated with the new work schedule 
 of the Fellow upon the approval of any part-time 
 schedule under subparagraph
        (A) .
            (C) Rule of construction.--Nothing in this 
 paragraph may be construed to entitle a Fellow to the 
 approval of a request for a part-time work schedule.

    (f) Relationship to Direct-Hire Authority.--Notwithstanding any 
provision of 

section 3115 or 3116 of title 5, United States Code, an 
appointment by an agency under the Program shall be considered to be an 
appointment made using the authority provided to the agency under the 
applicable section.

SEC. 6. DEVELOPMENT, EVALUATION, PROMOTION, AND CERTIFICATION.

    (a) Individual Development Plans.--Not later than 90 days after the 
date on which the Program begins in a fiscal year, the head of each 
agency shall approve an Individual Development Plan (referred to in 
this section as an ``IDP'') for each Fellow serving under an 
appointment within the agency, which shall--

    (1) set forth the specific developmental activities that 
 are mutually agreed upon by the Fellow and the supervisor of 
 the Fellow; and

    (2) be developed in consultation with--
        (A) the supervisor of the Fellow; and
        (B)
            (i) the agency PMF Coordinator; or
            (ii) the mentor assigned to the Fellow, who shall 
 not be required to be assigned by the agency.

    (b) Required Developmental Activities.--

    (1) General resources.--
        (A) OPM responsibilities.--The Director shall 
 provide, for each class or cohort of Fellows--
            (i) leadership development activities and 
 general Program resources; and
            (ii) information on available training 
 opportunities known to the Director.
        (B) Agency responsibilities.--Each agency shall 
 provide to each class or cohort of Fellows appropriate 
 agency-specific onboarding and employee orientation 
 activities.

    (2) Agency training.--
        (A) In general.--Each agency shall provide each 
 Fellow serving under an appointment within the agency 
 not fewer than 80 hours of formal interactive training 
 per year that addresses the competencies outlined in 
 the applicable IDP.
        (B) Certain training not included.--Mandatory 
 annual training, such as information security and 
 ethics training, shall not count toward the 
 satisfaction of the requirement under subparagraph
        (A) .

    (3) Mentors.--Not later than 90 days after the start of an 
 appointment of a Fellow, the applicable agency shall assign the 
 Fellow a mentor, who shall be a managerial employee of the 
 agency outside the chain of command of the Fellow.

    (4) Assignments.--An agency shall provide each Fellow 
 serving under an appointment within the agency with not less 
 than 1 rotational or developmental assignment with full-time 
 management or technical responsibilities that is consistent 
 with the IDP of the Fellow and the following:
        (A) Each Fellow shall receive not less than 1 
 developmental assignment that is not shorter than 120 
 days and not longer than 180 days, which shall have 
 management or technical responsibilities consistent 
 with the IDP of the Fellow.
        (B)
            (i) The developmental assignment described in 
 subparagraph
        (A) may be within the organization of the 
 Fellow, in another component of the employing agency, 
 or in another agency, as permitted by the employing 
 agency.
            (ii) Each assignment described in this subparagraph 
 shall be in a different work unit led by a supervisor 
 other than the usual supervisor of the Fellow.
            (C) 
            (i) Each developmental assignment described in 
 subparagraph
        (A) shall provide a challenging work 
 experience of a caliber appropriate for a participant 
 in the flagship leadership development program of the 
 Federal Government.
            (ii) For the purposes of clause
            (i) , an appropriate 
 developmental assignment may include a project 
 implementing a new executive order or major piece of 
 legislation, agency reorganization, or cross-agency 
 collaboration on a major initiative.

    (5) Short-term assignments.--In addition to the assignments 
 described in paragraph

    (4) , a Fellow may receive another short-
 term rotational assignment, which--
        (A) shall be not shorter than 30 days and not 
 longer than 180 days, at the discretion of the 
 employing agency; and
        (B) may take place within the organization of the 
 Fellow, in another component of the employing agency, 
 or in another agency, as permitted by the employing 
 agency.

    (6) Assessment of subsequent classes.--
        (A) In general.--Upon the request of the Director, 
 the employing agency shall make a Fellow available to 
 assist in the assessment process for subsequent Program 
 classes.
        (B) Satisfaction of training requirements.--Any 
 interactive training provided to a Fellow in connection 
 with assisting the Director under subparagraph
        (A) may 
 be counted toward the training requirement under 
 paragraph

    (2) .
            (c) Promotion.--

    (1) In general.--An employing agency may promote any Fellow 
 who meets the qualification requirements for the applicable 
 position.

    (2) Rule of construction.--Nothing in paragraph

    (1) may be 
 construed to confer any entitlement to a promotion.
            (d) Certificate of Completion.--

    (1) In general.--
        (A) ERB evaluation.--Not later than 45 days before 
 the date on which the Program ends in a fiscal year, 
 each Executive Resources Board shall evaluate each 
 Fellow serving under an appointment within the 
 applicable agency and determine whether the Executive 
 Resources Board can certify in writing that the Fellow 
 met all of the requirements of the Program, including 
 the performance and developmental expectations set 
 forth in the performance plan and IDP of the Fellow.
        (B) Consultation permitted.--In carrying out 
 subparagraph
        (A) , an Executive Resources Board may 
 consult with the mentor of a Fellow.

    (2) Successful completion.--
        (A) Notification.--Not later than 30 days before 
 the date on which a Fellow completes the Program, an 
 Executive Resources Board shall notify each Fellow 
 serving under an appointment within the applicable 
 agency regarding the decision of the Board with respect 
 to certification of successful completion of the 
 Program by the Fellow.
        (B) Conversion eligibility.--A Fellow who the 
 applicable Executive Resources Board certifies as 
 having met all of the requirements of the Program shall 
 be eligible for conversion in accordance with 

section 10.
            (C) Forwarding to opm.--Each Executive Resources 
 Board shall forward to the Director all certifications 
 of the Board under this paragraph.

    (3) Failure to certify.--
        (A) In general.--If an Executive Resources Board 
 decides not to certify a Fellow under this subsection, 
 the Fellow may request reconsideration of that 
 determination by the Director, if the Fellow, not later 
 than 15 days after the date on which the Board makes 
 that decision, submits the request in writing with 
 appropriate documentation and justification.
        (B) Continuation in program.--With respect to a 
 Fellow who has submitted a request for reconsideration 
 under subparagraph
        (A) --
            (i) the Fellow may continue in the Program 
 pending the outcome of that request; and
            (ii) the applicable agency shall continue 
 to provide appropriate developmental activities 
 to the Fellow during the period in which that 
 request is pending.
            (C) Ineligibility.--A Fellow who is not approved 
 for certification under this subsection and who has not 
 submitted a timely request for reconsideration under 
 subparagraph
        (A) , or whose request for reconsideration 
 under that subparagraph
        (A) has been denied, shall not 
 be eligible for conversion under 

section 10.

SEC. 7. MOVEMENT BETWEEN AGENCIES.

    (a) In General.--At any time during the appointment of a Fellow, 
the Fellow may move to another agency, if--

    (1) the receiving agency meets all the requirements for 
 participating in the Program;

    (2) the original agency releases the appointment of the 
 Fellow to the receiving agency; and

    (3) the new employing agency appoints the Fellow without a 
 break in service.

    (b) Terms of Service.--Upon appointment by a new employing agency 
under subsection

    (a)

    (3) --

    (1) the Fellow shall not begin a new Program period; and

    (2) because there is no break in service, the time served 
 by the Fellow under the previous Program appointment shall 
 apply towards the completion of the Program with the new 
 employing agency.
            (c) Notification Required.--An agency shall notify the Director 
upon making an appointment described in subsection

    (a)

    (3) .
            (d) Reimbursements.--If a move under this section occurs during the 
first 180 days of the appointment of a Fellow, the initial employing 
agency may request from the new appointing agency reimbursement of \1/
4\ of the placement fee with respect to the Fellow.

SEC. 8. WITHDRAWAL AND READMISSION.

    (a) Withdrawal.--

    (1) In general.--
        (A) Treatment of withdrawal.--A Fellow may withdraw 
 from the Program at any time, which shall be treated as 
 a resignation from the Federal service, except that any 
 obligations established upon appointment, such as from 
 accepting a recruitment incentive under part 575 of 
 title 5, Code of Federal Regulations, or any successor 
 regulations, shall still apply.
        (B) Notification.--An agency shall notify the 
 Director when a Fellow within the agency withdraws from 
 the Program.

    (2) Competitive service.--
        (A) In general.--A Fellow who held a permanent 
 appointment in the competitive service in an agency 
 immediately before entering the Program, and who 
 withdraws from the Program for a reason that is not 
 related to misconduct, poor performance, or 
 suitability, may, at the discretion of the employing 
 agency, be placed in a permanent competitive service 
 position, as appropriate, in that agency.
        (B) Not subject to appeal.--The determination of an 
 agency under subparagraph
        (A) shall not be subject to 
 appeal.

    (b) Readmission.--

    (1) No readmission.--If a Fellow withdraws from the Program 
 for a reason that relates to misconduct, poor performance, or 
 suitability, as determined by the employing agency, the 
 individual may not be readmitted to the Program at any time.

    (2) Petition.--
        (A) In general.--If a Fellow withdraws from the 
 Program for a reason that is not related to misconduct, 
 poor performance, or suitability, the individual may 
 petition the original employing agency for readmission 
 and reappointment to the Program.
        (B) Requirements.--A petition submitted under 
 subparagraph
        (A) shall be in writing and include the 
 appropriate justification for the requested readmission 
 and reappointment, and the applicable agency may 
 approve or deny the request.
            (C) Submission to opm.--If, under subparagraph
        (B) , 
 an agency approves a petition submitted under 
 subparagraph
        (A) , the agency shall submit that approved 
 petition to the Director, which shall include the 
 status of the applicable individual in the Program upon 
 readmission and reappointment.
            (D) OPM discretion.--The Director, upon receipt of 
 an approved petition under subparagraph
            (C) , may 
 overrule the decision of the agency submitting that 
 approved petition, and that decision of the Director 
 shall not be subject to appeal.

SEC. 9. REMOVAL AND REDUCTION IN FORCE.

    (a) Removal.--

    (1) In general.--An agency may remove a Fellow for a reason 
 related to misconduct, poor performance, or suitability, upon 
 which the agency shall submit to the Director written 
 notification of the removal.

    (2) End of term.--
        (A) In general.--As a condition of employment, the 
 appointment of a Fellow shall end at the end of the 2-
 year Program period, plus any agency-approved extension 
 of the appointment of the Fellow under 

section 5

    (b) , 
 unless the Fellow is converted under 

section 10.
        (B) Failure to convert.--If an agency does not 
 convert a Fellow at the end of the Program, as provided 
 in 

section 10, or extend the appointment of the Fellow 
 under 

section 5

    (b) , the appointment of the Fellow shall 
 expire on the date that is 30 days after the date on 
 which, as applicable--
            (i) the certification for Program 
 completion is denied under 

section 6
            (d) (3) ; or
            (ii) the Director denies a request 
 submitted by an agency for an extension of the 
 appointment.

    (b) Reduction in Force.--Each Fellow shall be in the excepted 
service group II for purposes of 

section 351.502 of title 5, Code of 
Federal Regulations, or any successor regulation.

SEC. 10. CONVERSION TO THE COMPETITIVE SERVICE.

    (a) In General.--A Fellow shall complete the Program within the 
time limits established under 

section 5, including any agency-approved 
extension under that section, after which the Fellow may be converted 
under subsection

    (b) .

    (b) Conversion.--An agency may convert, without a break in service, 
a Fellow who has been successfully certified under 

section 6
            (d) (2) to a 
term or permanent position in the competitive service for which the 
Fellow is qualified.
            (c) Conversion at A Different Agency.--A Fellow may be converted 
under subsection

    (b) to a position at a different agency if the 
following conditions are satisfied:

    (1) The original employing agency is unable to convert the 
 Fellow to a position in the competitive service in the 
 organizational unit of the agency in which the Fellow has 
 served or another component within the agency--
        (A) including because of unforeseen budget 
 constraints, a reorganization, the abolishment of 
 positions, or any other appropriate reason; and
        (B) which is not because of the failure of the 
 Fellow to obtain a certification under 

section 6
            (d) (2) or because of the misconduct, poor performance, or 
 suitability of the Fellow.

    (2) The conversion shall occur before the end of the 
 Program period, as established under 

section 5, plus any 
 agency-approved extension under that section.

    (3) The position at the new agency shall have a full 
 performance level that is equivalent to, or less than, the 
 position to which the Fellow would have been converted at the 
 original employing agency.

SEC. 11. FEDERAL EXECUTIVE BOARDS.

    (a) Authority and Status.--There are established Federal Executive 
Boards--

    (1) to strengthen the management and administration of 
 executive branch activities in selected centers of field 
 operations; and

    (2) which are organized and function under the authority of 
 the Director.

    (b) Locations.--

    (1) In general.--Federal Executive Boards are established, 
 or shall continue, as applicable, in the following metropolitan 
 areas:
        (A) Albuquerque-Santa Fe.
        (B) Atlanta.
            (C) Baltimore.
            (D) Boston.
        (E) Buffalo.
        (F) Chicago.
        (G) Cincinnati.
        (H) Cleveland.
            (I) Dallas-Fort Worth.
        (J) Denver.
        (K) Detroit.
            (L) Honolulu.
            (M) Houston.
        (N) Kansas City.
        (O) Los Angeles.
        (P) Miami.
        (Q) Minneapolis-St. Paul.
        (R) New Orleans.
        (S) New York.
        (T) Newark.
        (U) Philadelphia.
            (V) Pittsburgh.
        (W) Portland.
            (X) St. Louis.
        (Y) San Francisco.
        (Z) Seattle.

    (2) Action by director.--The Director may dissolve, merge, 
 or divide any of the Federal Executive Boards described in 
 paragraph

    (1) , or establish new Federal Executive Boards, as 
 the Director determines to be necessary, proper, or convenient.
            (c) Membership.--

    (1) Presidential directive.--The President shall direct the 
 head of each agency to arrange for the leading officials of the 
 field activities of the agency to participate personally in the 
 work of Federal Executive Boards.

    (2) Members.--
        (A) In general.--The head of each agency shall 
 designate--
            (i) by title of office, the principal 
 regional officer, if any, and the principal 
 area officer, if any, who shall represent the 
 agency on each Federal Executive Board; and
            (ii) by name and title of office, the 
 special representative, if any, who shall 
 represent the head of the agency on each 
 Federal Executive Board.
        (B) Designations.--A designation made under 
 subparagraph
        (A) --
            (i) shall be made in writing and 
 transmitted to the Director;
            (ii) may be transmitted through the Chair 
 of a Federal Executive Board; and
            (iii) may be amended at any time by the 
 head of the applicable agency.

    (3) Alternate members.--
        (A) In general.--Each member of a Federal Executive 
 Board may designate any alternate member, who shall 
 attend meetings and otherwise serve in the absence of 
 the member.
        (B) Status.--An alternate member shall be the 
 deputy or principal assistant to the member or another 
 senior official of the organization of the member.
            (d) Officers and Organization.--

    (1) Bylaws.--
        (A) In general.--Each Federal Executive Board shall 
 adopt bylaws or other rules for the internal governance 
 of the Board, subject to the approval of the Director.
        (B) Contents.--The bylaws described in subparagraph
        (A) , and other rules of a Federal Executive Board, may 
 reflect the particular needs, resources, and customs of 
 the Board, if those bylaws and rules are not 
 inconsistent with this section or the directives of the 
 President or the Director.
            (C) Conflicts.--If bylaws or rules described in 
 subparagraph
        (B) conflict with this section or the 
 directives of the President or the Director, those 
 bylaws or rules, as applicable, shall have no force or 
 effect.

    (2) Chair.--Each Federal Executive Board shall have a 
 Chair, who shall be elected by the members of the Board and who 
 shall serve for a term of office of not more than 1 year.

    (3) Staff.--
        (A) In general.--As the members of a Federal 
 Executive Board determine necessary and proper, those 
 members shall designate personnel from the respective 
 organizations of the members to serve as the staff, or 
 otherwise to participate in, the activities of the 
 Board.
        (B) Other staff.--Additional personnel beyond the 
 personnel described in subparagraph
        (A) may be engaged, 
 by appointment, contract, or otherwise, only with the 
 approval of the Director.

    (4) Termination.--
        (A) In general.--Unless otherwise expressly 
 provided by law, by directive of the President or the 
 Director, or by the bylaws of the applicable Federal 
 Executive Board, each committee, subcommittee, council, 
 and other subunit of the Board, and each affiliation of 
 the Board with external organizations, shall terminate 
 upon expiration of the term of office of the Chair of 
 the Board.
        (B) Reestablishment.--A committee, subcommittee, 
 council, other subunit, or affiliation of a Federal 
 Executive Board may be reestablished or renewed by 
 affirmative action of the Board.

    (5) Board actions.--
        (A) In general.--A Federal Executive Board may take 
 an action only with the approval of a majority of the 
 members of the Board.
        (B) No delegation permitted.--The authority under 
 subparagraph
        (A) may not be delegated.
            (C) Conformance with law.--Each activity of a 
 Federal Executive Board shall conform to applicable 
 laws and reflect prudent uses of official time and 
 funds.

    (e) OPM Leadership.--

    (1) Role of director.--The Director--
        (A) shall be responsible to the President for the 
 organizational and programmatic activities of the 
 Federal Executive Boards;
        (B) direct and oversee the activities of the 
 Federal Executive Boards consistent with law and the 
 directives of the President; and
            (C) may consult with, and require the advice of, 
 the Chair, members, or staff of a Federal Executive 
 Board.

    (2) Role of regional representatives.--The Chair of each 
 Federal Executive Board shall report to the Director through 
 the regional representative of the Director and the regional 
 representative of the Director shall oversee the activities of, 
 and periodically visit and meet with, the Federal Executive 
 Boards.

    (3) Communications.--
        (A) In general.--The Director shall maintain 
 channels of communication--
            (i) from the Director through the regional 
 representatives of the Director to the Chairs 
 of the Federal Executive Boards; and
            (ii) between and among the Federal 
 Executive Boards through the Director and the 
 regional representatives of the Director.
        (B) Use of channels.--Any agency may use the 
 channels described in subparagraph
        (A) to communicate 
 with the Director and with the Federal Executive 
 Boards.
            (C) Communications by chairs.--The Chair of a 
 Federal Executive Board 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.

    (4) Reports.--
        (A) In general.--Each Federal Executive Board shall 
 transmit to the Director, over the signature of the 
 Chair of the Board, an annual work plan and an annual 
 report to the Director on the significant programs and 
 activities of the Board in each fiscal year, which 
 shall--
            (i) with respect to each such work plan--
            (I) set forth the proposed general 
 agenda for the succeeding fiscal year;
            (II) be submitted on or before July 
 1; and
            (III) be subject to the approval of 
 the Director; and
            (ii) with respect to each such annual 
 report--
            (I) describe and evaluate the 
 activities of the preceding fiscal 
 year; and
            (II) be submitted on or before 
 January 1.
        (B) Other reports.--In addition to the requirements 
 under subparagraph
        (A) , members of each Federal 
 Executive Board shall keep the headquarters of the 
 respective agency informed of the activities of the 
 Board by timely reports through appropriate agency 
 channels.

    (5) Conferences.--The Director may convene regional and 
 national conferences of the Chairs and other representatives of 
 Federal Executive Boards.

    (f) Authorized Activities.--

    (1) In general.--Each Federal Executive Board shall--
        (A) serve as an instrument of outreach for the 
 national headquarters of the executive branch to 
 executive branch activities in the applicable 
 metropolitan area;
        (B) consider common management and program problems 
 and develop cooperative agreements that will promote 
 the general objectives of the Federal Government and of 
 the several agencies in the applicable metropolitan 
 area, which shall be made with the guidance and 
 approval of the Director, within the range of the 
 delegated authority and discretion held by members, 
 alternates, and staff in that area, consistent with the 
 missions of the agencies involved;
            (C) provide a forum for the exchange of information 
 between Washington, DC and the field, and among field 
 elements in the applicable metropolitan area, about 
 programs, management methods, and problems;
            (D) develop local coordinated approaches to the 
 development and operation of programs that have common 
 characteristics;
        (E) communicate management initiatives and other 
 concerns from Washington, DC to the field to achieve 
 better mutual understanding and support;
        (F) refer problems that cannot be solved locally to 
 the national level; and
        (G) subject to the guidance of the Director, be 
 responsible for--
            (i) presidential initiatives on management 
 reforms;
            (ii) personnel initiatives of the Office of 
 Personnel Management;
            (iii) programs led by the Office of 
 Management and Budget;
            (iv) facilities planning led by the General 
 Services Administration;
            (v) the local Combined Federal Campaign, 
 under the direction of the Director;
            (vi) the sharing of technical knowledge and 
 resources in finance, internal auditing, 
 personnel management, automated data processing 
 applications, interagency use of computer 
 installations, and similar commonly beneficial 
 activities;
            (vii) the pooling of resources to provide, 
 as efficiently as possible, and at the least 
 possible cost to the taxpayers of the United 
 States, common services, such as employee 
 first-aid, cardiopulmonary resuscitation 
 (referred to in this clause as ``CPR''), CPR 
 training, preventative health programs, 
 assistance to the aging, blood donor programs, 
 and savings bond drives;
            (viii) the encouragement of employee 
 initiative and better performance through 
 special recognition and other incentive 
 programs;
            (ix) the provision of assistance in the 
 implementation and upgrading of performance 
 management systems;
            (x) emergency operations, such as under 
 hazardous weather conditions, responding to 
 blood donation needs, and communicating related 
 leave policies;
            (xi) the recognition of the service of 
 veterans and the dissemination of information 
 relating to programs and benefits available to 
 veterans in the Federal service; and
            (xii) such other programs, projects, and 
 operations as may be set forth in the annual 
 work plan approved by the Director.

    (2) Advisory role.--The Director--
        (A) shall advise the Federal Executive Boards on 
 activities in the areas of performance appraisal and 
 incentives, interagency training programs, the 
 educational development of employees of agencies, 
 improvement of labor-management relations, equal 
 employment opportunity (including related programs of 
 the Federal Government), and selective placement 
 programs for handicapped individuals; and
        (B) may direct a Federal Executive Board to address 
 such specific programs, or undertake such cooperative 
 activities, as the Director determines necessary or 
 proper.

    (g) Additional Rules and Directives.--The Director may issue 
further rules and guidance for, and directives to, the Federal 
Executive Boards.

SEC. 12. REPORTS.

 Not later than 3 years after the date of enactment of this Act, and 
not less frequently than once every 3 years thereafter, the Director 
shall submit 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 a report that addresses the 
Program, which shall include an analysis of any structural challenges 
facing the Program and recommendations on measures to strengthen the 
Program.
 <all>