[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 392 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 392

   To require Federal agencies to conduct a benefit-cost analysis on 
relocations involving the movement of employment positions to different 
                     areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2021

  Mr. Van Hollen (for himself, Mr. Kaine, Mr. Cardin, and Mr. Warner) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To require Federal agencies to conduct a benefit-cost analysis on 
relocations involving the movement of employment positions to different 
                     areas, 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 ``Congressional Oversight to Secure 
Transparency of Relocations Act'' or the ``COST of Relocations Act''.

SEC. 2. BENEFIT-COST ANALYSIS ON CERTAIN RELOCATIONS.

    (a) Definitions.--In this Act:
            (1) Administrative redelegation of function.--The term 
        ``administrative redelegation of function'' means a Federal 
        agency establishing new positions within the Federal agency 
        that replace existing positions within the Federal agency and 
        perform the functions of the positions replaced.
            (2) Covered relocation.--The term ``covered relocation'' 
        means--
                    (A) an administrative redelegation of function 
                which, by itself or in conjunction with other related 
                redelegations, involves replacing the existing 
                positions of more than the lesser of 5 percent or 100 
                of the employees of the relevant Federal agency with 
                new positions located outside the commuting area of 
                those employees;
                    (B) moving a Federal agency or any component of a 
                Federal agency if the move, by itself or in conjunction 
                with other related moves, involves moving the positions 
                of more than the lesser of 5 percent or 100 of the 
                employees of the Federal agency outside the commuting 
                area of those employees or under the jurisdiction of 
                another Federal agency; or
                    (C) a combination of related redelegations and 
                moves which together involve the positions of more than 
                the lesser of 5 percent or 100 of the employees of the 
                relevant Federal agency being moved to or replaced with 
                new positions located outside the commuting area of 
                those employees or moved under the jurisdiction of 
                another Federal agency.
            (3) Employee.--The term ``employee'' means an employee or 
        officer of a Federal agency.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 902 of title 5, 
        United States Code.
            (5) National capital region.--The term ``National Capital 
        Region'' has the meaning given the term in section 8702 of 
        title 40, United States Code.
    (b)  Requirement.--Except as provided in subsection (e), a Federal 
agency may not carry out a covered relocation unless, before any 
submission to the Office of Management and Budget or other reviewing 
entity regarding the relocation--
            (1) the Federal agency--
                    (A) conducts a benefit-cost analysis on the covered 
                relocation; and
                    (B) submits to the Office of Inspector General of 
                the Federal agency a report on the findings of the 
                benefit-cost analysis and including such other 
                information as the Office of Inspector General 
                determines necessary for compliance with subsection 
                (d); and
            (2) the Office of Inspector General of the Federal agency 
        reviews the report and submits to Congress the report described 
        in subsection (d).
    (c) Benefit-Cost Analysis.--
            (1) In general.--The benefit-cost analysis described in 
        subsection (b)(1) shall be conducted in a manner consistent 
        with the economic and social science principles articulated in 
        the guidance applicable to relocations in the Office of 
        Management and Budget Circular A-4, as in effect on September 
        17, 2003.
            (2) Analysis report.--
                    (A) Contents.--The report described in subsection 
                (b)(1)(B) shall include, at a minimum--
                            (i) the anticipated outcomes and 
                        improvements that will result from the proposed 
                        covered relocation, quantified in monetary or 
                        other appropriate measures to the extent 
                        practicable;
                            (ii) an explanation of how the proposed 
                        covered relocation will result in the 
                        anticipated outcomes and improvements;
                            (iii) the metrics for measuring whether the 
                        proposed covered relocation results in the 
                        anticipated outcomes and improvements;
                            (iv) a detailed employee engagement plan;
                            (v) a list of stakeholders;
                            (vi) a timeline of past and future 
                        engagements with stakeholders regarding the 
                        proposed covered relocation;
                            (vii) an assessment of how the proposed 
                        covered relocation may affect stakeholders--
                                    (I) served by the positions 
                                affected by the covered relocation; and
                                    (II) in the destination Federal 
                                agency or region;
                            (viii) a comprehensive strategy for 
                        accomplishing the proposed covered relocation 
                        that includes--
                                    (I) staffing, resourcing, and 
                                financial needs;
                                    (II) an implementation timeline 
                                identifying milestones and the persons 
                                accountable for meeting those 
                                milestones;
                                    (III) a risk assessment; and
                                    (IV) a risk mitigation plan;
                            (ix) an analysis of the effect the proposed 
                        covered relocation may have on the ability of 
                        the Federal agency to carry out the mission of 
                        the Federal agency during the covered 
                        relocation and thereafter; and
                            (x) an assessment of the short- and long-
                        term effects of the proposed covered relocation 
                        on the mission of the Federal agency.
                    (B) Publication.--A Federal agency shall make 
                publicly available the report described in subsection 
                (b)(1)(B) in a form that excludes any proprietary 
                information or trade secrets of any person and other 
                confidential information.
    (d) Inspector General Report to Congress.--
            (1) In general.--Not later than 90 days after the date on 
        which a Federal agency submits a report under subsection 
        (b)(1)(B), the Office of Inspector General of that Federal 
        agency shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on 
        Environment and Public Works of the Senate, the Committee on 
        Oversight and Reform of the House of Representatives, and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report on the findings of the review 
        conducted under subsection (b)(2), including--
                    (A) detailed descriptions of the data used in the 
                benefit-cost analysis described in subsection (b)(1), 
                including the types of data and the time periods 
                covered by the data;
                    (B) the conclusions of the benefit-cost analysis 
                and the analysis underlying those conclusions; and
                    (C) a comprehensive assessment of--
                            (i) the extent to which the Federal agency 
                        adhered to the guidance in the Office of 
                        Management and Budget Circular A-4, as in 
                        effect on September 17, 2003, in conducting the 
                        benefit-cost analysis, including a 
                        determination whether that adherence is 
                        sufficient to justify the use of Federal funds 
                        for the covered relocation involved; and
                            (ii) if the covered relocation involves 
                        moving positions from inside the National 
                        Capital Region to outside the National Capital 
                        Region, the extent to which real estate options 
                        in the National Capital Region were compared to 
                        those in the destination as part of that 
                        analysis.
            (2) Exclusions.--
                    (A) In general.--The Office of Inspector General of 
                a Federal agency shall exclude from any report 
                described in this subsection any proprietary 
                information or trade secrets of any person and other 
                confidential information.
                    (B) Explanation and description required.--For each 
                exclusion under subparagraph (A), the Office of 
                Inspector General shall include--
                            (i) an explanation of the reason for the 
                        exclusion; and
                            (ii) a description of the information 
                        excluded in an appropriate location in the 
                        relevant report.
    (e) Other Requirements Not Abrogated.--Nothing in this Act shall be 
construed to abrogate, reduce, or eliminate any requirements imposed by 
law pertaining to any relocation of a Federal agency or component of a 
Federal agency.
                                 <all>