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