[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4043 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4043
To amend title 5, United States Code, to make executive agency telework
policies transparent, to track executive agency use of telework, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2024
Mr. Peters (for himself and Ms. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to make executive agency telework
policies transparent, to track executive agency use of telework, 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 ``Telework Transparency Act of 2024''.
SEC. 2. TELEWORK POLICY TRANSPARENCY AND TRACKING.
(a) Monitoring Executive Agency Telework Policies and Requiring
Transparency.--
(1) Telework eligibility policy.--Section 6502(a)(1) of
title 5, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by
striking ``Not later than 180 days after the date of
enactment of this chapter, the'' and inserting ``The'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) not later than 180 days after the date of
enactment of this subparagraph, and as updates are made
thereafter--
``(i) submit to the Director of the Office
of Personnel Management a description of the
policy established under subparagraph (A), or
any successor policy; and
``(ii) make publicly available on the
website of the executive agency the most
current version of the policy described in
clause (i).''.
(2) Training and monitoring.--Section 6503 of title 5,
United States Code, is amended by adding at the end the
following:
``(c) Monitoring Employee Use of Telework.--
``(1) Definition.--In this subsection, the term `Shared
Service Centers' has the meaning given the term in section
850.103 of title 5, Code of Federal Regulations, or any
successor regulation.
``(2) Establishment of common data standards; data
reporting requirements.--Not later than 180 days after the date
of enactment of this subsection, in part to aid in the
collection of data for the purposes of satisfying the reporting
requirements under section 6506, the Director of the Office of
Personnel Management shall establish--
``(A) executive agency telework data reporting
requirements, including required timeframes for
reporting;
``(B) data standards and protocols for tracking
employee use of telework;
``(C) best practices and training for managers of
employees who telework to review and verify the amount
of a locality payment, as defined in section 531.602 of
title 5, Code of Federal Regulations (or any successor
regulation), paid to such an employee;
``(D) internal controls for data quality with
respect to the use of telework, including procedures
to--
``(i) consistently monitor system-generated
errors;
``(ii) produce reports on adherence to data
standards and edit rules; and
``(iii) ensure prompt action to address
issues identified in clauses (i) and (ii); and
``(E) mechanisms to provide regular feedback to
executive agencies and Shared Service Centers on data
quality with respect to telework, which shall include
the provision of any human capital data needed to
evaluate telework practices.
``(3) Establishment of automated telework tracking systems
within payroll systems.--The head of each executive agency, in
consultation (where applicable) with each Shared Service Center
that provides payroll or human resources services to that
executive agency, shall establish telework tracking within each
payroll system that--
``(A) is automated; and
``(B) conforms to--
``(i) the telework data standards and
coding requirements issued by the Director of
the Office of Personnel Management; and
``(ii) the requirements established by the
Director of the Office of Personnel Management
under paragraph (2).
``(4) Establishment of online tool.--Not later than 2 years
after the date of enactment of this subsection, the Director of
the Office of Personnel Management shall establish and maintain
a publicly available online tool that--
``(A) makes available the data required to be
reported under paragraph (2) in an appropriate and
readable format;
``(B) incorporates appropriate protections for
personal and sensitive information; and
``(C) uses data visualization or other data
presentation techniques to support strategic executive
agency workforce planning and talent management
objectives.
``(d) Monitoring the Effects of Telework on Office Building Space
Utilization and Executive Agency Performance.--The head of each
executive agency shall--
``(1) establish a system to track office building space
utilization rates that aligns with guidance and benchmarks
issued by the Director of the Office of Management and Budget,
in coordination with the Administrator of General Services and
the Federal Real Property Council established by section 623(a)
of title 40, under section 6504(b)(2)(A);
``(2) identify a set of indicators, and establish routines
using the indicators, to assess and monitor the effects of
telework policy on the performance of the executive agency,
including, as applicable to the mission of the executive
agency--
``(A) indicators related to--
``(i) customer experience and service,
including backlogs and wait times;
``(ii) security;
``(iii) cost to operations;
``(iv) the management of real property and
personal property;
``(v) investments in network capacity or
communications infrastructure, including
technology capabilities to improve efficiency
and reduce the use of outdated technology; and
``(vi) the ability of the executive agency
to recruit and retain top talent; and
``(B) any other indicator determined appropriate by
the head of the executive agency, including as the
result of policy and policy guidance provided under
section 6504(b)(2)(B);
``(3) not later than 180 days after the date of enactment
of this subsection, and as updates are made thereafter--
``(A) submit to the Director of the Office of
Management and Budget and the Director of the Office of
Personnel Management a description of the indicators
and routines described in paragraph (2); and
``(B) make publicly available on the website of the
executive agency the most current version of the
indicators and routines described in paragraph (2); and
``(4) with respect to the office building space utilization
rates described in paragraph (1)--
``(A) include those rates in the budget
justification materials (as defined in section 3(b)(2)
of the Federal Funding Accountability and Transparency
Act of 2006 (31 U.S.C. 6101 note)) of the executive
agency; and
``(B) make those rates publicly available.''.
(3) Telework website.--Section 6504(e)(2) of title 5,
United States Code, is amended--
(A) in subparagraph (A), by striking ``telework
links'' and inserting the following: ``links to
Government websites, including a compilation of links
to executive agency websites with descriptions of
telework policies and indicators and routines described
in sections 6502(a)(1)(D) and 6503(d)(2),
respectively''; and
(B) in subparagraph (D)--
(i) by striking ``, and the General
Services Administration'' and inserting ``, the
General Services Administration, and the
Department of State''; and
(ii) by striking ``10'' and inserting
``30''.
(b) Establishing Benchmarks and Providing Guidance.--Section
6504(b) of title 5, United States Code, is amended--
(1) in paragraph (3), by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively, and
adjusting the margins accordingly;
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and adjusting the margins
accordingly;
(3) by striking ``The Office of Personnel Management
shall'' and inserting the following:
``(1) Office of personnel management.--The Office of
Personnel Management shall''; and
(4) by adding at the end the following:
``(2) Office of management and budget.--The Director of the
Office of Management and Budget shall take the following
actions:
``(A) In coordination with the Administrator of
General Services and the Federal Real Property Council
established by section 623(a) of title 40, the
following actions:
``(i) Develop benchmarks for measuring
office building space utilization that account
for the use of telework.
``(ii) Provide guidance to each executive
agency for collecting office building space
occupancy data regarding the average daily
onsite attendance in the office building space
owned or leased by the executive agency.
``(iii) Establish office building space
utilization rate goals for each executive
agency of not less than 60 percent.
``(iv) Until the benchmarks described in
clause (i) are developed, and the guidance
described in clause (ii) is provided, ensure
that each executive agency, not less frequently
than quarterly, uses the following formula to
calculate office building space utilization
with respect to the office building space that
the executive agency leases or owns:
``(I) Calculate the usable square
feet of the office building space so
leased or owned, which shall be
calculated--
``(aa) by using the portion
of that office building space
that is available for
occupants, including offices,
team rooms, and conference
rooms; and
``(bb) in accordance with
the standard methods of
measurement developed by the
Building Owners and Managers
Association International, as
approved by the American
National Standards Institute.
``(II) Divide the number of usable
square feet calculated under subclause
(I) by 180.
``(III) Divide the daily average of
the number of individuals who are
present working in the space that is
the subject of the calculation under
subclause (I) by the quotient obtained
under subclause (II), which shall be
expressed as a percentage.
``(B) In coordination with the Director of the
Office of Personnel Management and the Administrator of
General Services, provide policy and policy guidance
for the indicators and routines described in section
6503(d)(2), including with respect to the
identification of additional indicators under section
6503(d)(2)(B).''.
(c) Continuity of Operations.--Section 6504(d) of title 5, United
States Code, is amended--
(1) in the subsection heading, by striking ``Plans'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Emergency incidents.--
``(A) Definition.--In this paragraph, the term
`emergency incident' means an event that, as determined
by the head of an executive agency, would pose a threat
to the life, health, or safety of an employee, or a
group of employees, of the executive agency if the
employee, or group of employees, were to report to the
worksite of the employee or group of employees.
``(B) Telework during emergency incidents.--
Notwithstanding any other provision of law, the head of
an executive agency may require that an employee, or a
group of employees, of the executive agency telework
during an emergency incident under procedures
established by the Director of the Office of Personnel
Management.''.
(d) Reports.--Section 6506(b) of title 5, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (D) and (E);
(B) by redesignating subparagraph (F) as
subparagraph (D);
(C) in subparagraph (D), as so redesignated--
(i) in the matter preceding clause (i), by
striking ``agency participation rate goals
during the reporting period, and other'';
(ii) in clause (ii), by inserting ``and
carbon emissions'' after ``use'';
(iii) in clause (v), by striking ``and'' at
the end;
(iv) in clause (vi), by striking ``and'' at
the end; and
(v) by inserting after clause (vi) the
following:
``(vii) the ability of the agency to
dispose of or consolidate unnecessary and
underutilized space or property, including to
reduce the monetary and environmental cost of
maintaining that space or property; and
``(viii) customer experience and service,
including backlogs and wait times;''; and
(D) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) an explanation of whether or not each
executive agency met the goals described in
subparagraph (D) for the last reporting period and, if
not, what actions are being taken to identify and
eliminate barriers to meeting those goals for the next
reporting period; and
``(F) what actions each executive agency has taken
since the last reporting period, and any additional
steps the executive agency is planning to take, to--
``(i) ensure oversight and quality control
with respect to telework; and
``(ii) increase the utilization rates of
office building space owned or leased by the
executive agency to not less than 60 percent
(or any higher rate established by the Director
of the Office of Management and Budget under
section 6504(b)(2)(A)); and''; and
(2) by adding at the end the following:
``(3) Use of online tool.--Notwithstanding any other
provision of this subsection, the Director of the Office of
Personnel Management may elect to carry out this subsection, in
whole or in part, through the online tool established under
section 6503(c)(4).''.
(e) Regulatory Authority Over Agency Telework Policy.--
(1) In general.--Chapter 65 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 6507. Regulatory authority
``The Director of the Office of Personnel Management may prescribe
regulations to carry out this chapter.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 65 of title 5, United States Code, is
amended by adding at the end the following:
``6507. Regulatory authority.''.
SEC. 3. GAO AUDITS AND REPORTS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability
of the House of Representatives; and
(C) any other congressional committee determined
appropriate by the Comptroller General.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Employee; executive agency; telework.--The terms
``employee'', ``executive agency'', and ``telework'' have the
meanings given those terms in section 6501 of title 5, United
States Code.
(4) Executive department.--The term ``Executive
department'' has the meaning given the term in section 101 of
title 5, United States Code.
(5) Locality payment; official worksite.--The terms
``locality payment'' and ``official worksite'' have the
meanings given those terms in section 531.602 of title 5, Code
of Federal Regulations, or any successor regulation.
(b) Office Building Space Utilization.--The Comptroller General
shall conduct, and submit to Congress a report with respect to, the
following audits:
(1) For each of the first 3 fiscal years that begins after
the date of enactment of this Act, an audit of--
(A) the measurements made under the benchmarks
developed under section 6504(b)(2)(A)(i) of title 5,
United States Code, as added by section 2 of this Act;
or
(B) if the Director of the Office of Management and
Budget has not developed the benchmarks described in
subparagraph (A) as of the first day of the fiscal year
in which the audit is scheduled to be performed, the
calculations made by executive agencies under section
6504(b)(2)(A)(iv) of title 5, United States Code, as
added by section 2 of this Act.
(2) An audit of the benchmarks developed by the Director of
the Office of Management and Budget under section
6504(b)(2)(A)(i) of title 5, United States Code, as added by
section 2 of this Act, including any changes to those
benchmarks that are made after the benchmarks are first
developed.
(3)(A) An audit of each system established to track office
building space utilization rates, as required under section
6503(d)(1) of title 5, United States Code, as added by section
2 of this Act.
(B) The Comptroller General shall conduct the audit
required under subparagraph (A) once for each of the first 3
fiscal years that begins after the fiscal year in which the
Director of the Office of Management and Budget develops the
benchmarks required under section 6504(b)(2)(A)(i) of title 5,
United States Code, as added by section 2 of this Act, after
which the Comptroller General shall conduct that audit--
(i) not more frequently than once each fiscal year;
and
(ii) upon request by any Member of Congress.
(c) Verifying Official Worksite and Locality Payment Accuracy.--
(1) In general.--The Comptroller General shall--
(A) not later than 180 days after the date of
enactment of this Act, brief the appropriate
congressional committees on how Executive departments
determine the official worksite for an employee who
teleworks, especially for the purpose of determining
the amount of a locality payment paid to such an
employee; and
(B) not later than 1 year after the date on which
the Comptroller General provides the briefing required
under subparagraph (A), submit to the appropriate
congressional committees a report regarding the matters
described in that subparagraph.
(2) Contents of report.--The report required under
paragraph (1)(B) shall include an assessment of--
(A) how Executive departments--
(i) ensure that employees regularly report
to the official worksite of those employees;
and
(ii) use the authorities under section
531.605(d)(2) of title 5, Code of Federal
Regulations, or any successor regulation,
including an assessment of--
(I) the frequency with which
Executive departments use those
authorities; and
(II) the average duration that
employees telework under an exception
granted under such section
531.605(d)(2); and
(B) the oversight practices that Executive
departments use to review and verify the amount of a
locality payment paid to an employee who teleworks.
(3) Recurring analysis.--With respect to the practices
described in subparagraphs (A) and (B) of paragraph (2), the
Comptroller General shall take the following actions:
(A) Assess those practices once for each of the 5
fiscal years that begins after the fiscal year in which
the Comptroller General submits the report required
under paragraph (1)(B) and submit to the appropriate
congressional committees a report if the Comptroller
General determines that there have been any changes to
those practices since the last such assessment
performed by the Comptroller General.
(B) After carrying out subparagraph (A) of this
paragraph, conduct an assessment described in such
subparagraph (A)--
(i) not more frequently than once each
fiscal year, which shall include the submission
to the appropriate congressional committees of
a report if the Comptroller General determines
that there have been any changes to those
practices since the last such assessment
performed by the Comptroller General; and
(ii) upon request by any Member of
Congress.
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