[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 487

   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 16, 2023

Mr. Van Hollen 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) In General.--Except as provided in subsection (d), a Federal 
agency may not carry out a covered relocation unless, prior to any 
submission to the Office of Management and Budget or other reviewing 
entity relating to such covered relocation--
            (1) the Federal agency--
                    (A) conducts a benefit-cost analysis on the covered 
                relocation; and
                    (B) submits to the Inspector General of the Federal 
                agency a report on the findings of the benefit-cost 
                analysis and includes in the report such other 
                information the Inspector General determines necessary 
                for compliance with subsection (c); and
            (2) the Inspector General of the Federal agency reviews the 
        report submitted pursuant to paragraph (1) and submits to 
        Congress the report described in subsection (c).
    (b) Benefit-Cost Analysis.--
            (1) In general.--The benefit-cost analysis described in 
        subsection (a)(1)(A) shall be conducted in a manner consistent 
        with the economic and social science principles articulated in 
        the guidance applicable to relocations in the document of the 
        Office of Management and Budget entitled ``Circular A-4'', as 
        in effect on September 17, 2003.
            (2) Analysis report.--
                    (A) Contents.--Each report submitted by the 
                Inspector General of a Federal agency pursuant to 
                subsection (a)(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 proposed covered 
                                relocation; and
                                    (II) in the destination 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 such 
                                milestones;
                                    (III) a risk assessment;
                                    (IV) a risk mitigation plan; and
                                    (V) a diversity management strategy 
                                including--
                                            (aa) a strategy for 
                                        sustaining diversity and 
                                        inclusion; and
                                            (bb) documentation of 
                                        ongoing succession and 
                                        recruiting planning processes;
                            (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 each report submitted by the 
                Inspector General of a Federal agency pursuant to 
                subsection (a)(1)(B) in a form that excludes any 
                proprietary information or trade secrets of any person 
                and other confidential information.
    (c) Inspector General Report to Congress.--
            (1) In general.--Not later than 90 days after the date on 
        which the Inspector General of a Federal agency submits a 
        report under subsection (a)(1)(B), the Inspector General of 
        that 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 Accountability 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 (a)(1), including--
                    (A) detailed descriptions of the data used in the 
                benefit-cost analysis carried out pursuant to 
                subsection (a)(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 such conclusions; and
                    (C) a comprehensive assessment of--
                            (i) the extent to which the Federal agency 
                        adhered to the guidance in the document of the 
                        Office of Management and Budget entitled 
                        ``Circular A-4'', as in effect on September 17, 
                        2003, in conducting the benefit-cost analysis, 
                        including a determination as to whether such 
                        adherence is sufficient to justify the use of 
                        Federal funds for the proposed covered 
                        relocation involved; and
                            (ii) if the proposed 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 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 Inspector General 
                of the Federal agency shall include an explanation of 
                the reason for the exclusion and a description of the 
                information excluded in an appropriate location in the 
                relevant report.
    (d) Other Requirements Not Abrogated.--Nothing in this Act shall be 
construed to abrogate, reduce, or eliminate any requirements imposed by 
law pertaining to any covered relocation of a Federal agency or 
component of a Federal agency.
    (e) Definitions.--In this Act:
            (1) Administrative redelegation of function.--The term 
        ``administrative redelegation of function'' means a Federal 
        agency establishing new positions within the 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 
                such employees;
                    (B) moving a Federal agency or any component of a 
                Federal agency if such 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 such employees or under the 
                jurisdiction of another Federal agency; or
                    (C) a combination of related redelegations and 
                moves that 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 
                such 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.
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