[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4043 Reported in Senate (RS)]
<DOC>
Calendar No. 735
118th CONGRESS
2d Session
S. 4043
[Report No. 118-315]
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
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Telework Transparency Act
of 2024''.</DELETED>
<DELETED>SEC. 2. TELEWORK POLICY TRANSPARENCY AND TRACKING.</DELETED>
<DELETED> (a) Monitoring Executive Agency Telework Policies and
Requiring Transparency.--</DELETED>
<DELETED> (1) Telework eligibility policy.--Section
6502(a)(1) of title 5, United States Code, is amended--
</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (B) in subparagraph (B), by striking
``and'' at the end;</DELETED>
<DELETED> (C) in subparagraph (C), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(D) not later than 180 days after the
date of enactment of this subparagraph, and as updates
are made thereafter--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) make publicly available on
the website of the executive agency the most
current version of the policy described in
clause (i).''.</DELETED>
<DELETED> (2) Training and monitoring.--Section 6503 of
title 5, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED> ``(c) Monitoring Employee Use of Telework.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) executive agency telework data
reporting requirements, including required timeframes
for reporting;</DELETED>
<DELETED> ``(B) data standards and protocols for
tracking employee use of telework;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(D) internal controls for data quality
with respect to the use of telework, including
procedures to--</DELETED>
<DELETED> ``(i) consistently monitor system-
generated errors;</DELETED>
<DELETED> ``(ii) produce reports on
adherence to data standards and edit rules;
and</DELETED>
<DELETED> ``(iii) ensure prompt action to
address issues identified in clauses (i) and
(ii); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) is automated; and</DELETED>
<DELETED> ``(B) conforms to--</DELETED>
<DELETED> ``(i) the telework data standards
and coding requirements issued by the Director
of the Office of Personnel Management;
and</DELETED>
<DELETED> ``(ii) the requirements
established by the Director of the Office of
Personnel Management under paragraph
(2).</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) makes available the data required to
be reported under paragraph (2) in an appropriate and
readable format;</DELETED>
<DELETED> ``(B) incorporates appropriate protections
for personal and sensitive information; and</DELETED>
<DELETED> ``(C) uses data visualization or other
data presentation techniques to support strategic
executive agency workforce planning and talent
management objectives.</DELETED>
<DELETED> ``(d) Monitoring the Effects of Telework on Office
Building Space Utilization and Executive Agency Performance.--The head
of each executive agency shall--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) indicators related to--</DELETED>
<DELETED> ``(i) customer experience and
service, including backlogs and wait
times;</DELETED>
<DELETED> ``(ii) security;</DELETED>
<DELETED> ``(iii) cost to
operations;</DELETED>
<DELETED> ``(iv) the management of real
property and personal property;</DELETED>
<DELETED> ``(v) investments in network
capacity or communications infrastructure,
including technology capabilities to improve
efficiency and reduce the use of outdated
technology; and</DELETED>
<DELETED> ``(vi) the ability of the
executive agency to recruit and retain top
talent; and</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(3) not later than 180 days after the date of
enactment of this subsection, and as updates are made
thereafter--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) with respect to the office building space
utilization rates described in paragraph (1)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) make those rates publicly
available.''.</DELETED>
<DELETED> (3) Telework website.--Section 6504(e)(2) of title
5, United States Code, is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in subparagraph (D)--</DELETED>
<DELETED> (i) by striking ``, and the
General Services Administration'' and inserting
``, the General Services Administration, and
the Department of State''; and</DELETED>
<DELETED> (ii) by striking ``10'' and
inserting ``30''.</DELETED>
<DELETED> (b) Establishing Benchmarks and Providing Guidance.--
Section 6504(b) of title 5, United States Code, is amended--</DELETED>
<DELETED> (1) in paragraph (3), by redesignating
subparagraphs (A), (B), and (C) as clauses (i), (ii), and
(iii), respectively, and adjusting the margins
accordingly;</DELETED>
<DELETED> (2) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), and adjusting the margins
accordingly;</DELETED>
<DELETED> (3) by striking ``The Office of Personnel
Management shall'' and inserting the following:</DELETED>
<DELETED> ``(1) Office of personnel management.--The Office
of Personnel Management shall''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(2) Office of management and budget.--The
Director of the Office of Management and Budget shall take the
following actions:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) Develop benchmarks for
measuring office building space utilization
that account for the use of telework.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Establish office building
space utilization rate goals for each executive
agency of not less than 60 percent.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(I) Calculate the usable
square feet of the office building
space so leased or owned, which shall
be calculated--</DELETED>
<DELETED> ``(aa) by using
the portion of that office
building space that is
available for occupants,
including offices, team rooms,
and conference rooms;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(II) Divide the number
of usable square feet calculated under
subclause (I) by 180.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (c) Continuity of Operations.--Section 6504(d) of title 5,
United States Code, is amended--</DELETED>
<DELETED> (1) in the subsection heading, by striking
``Plans'';</DELETED>
<DELETED> (2) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and</DELETED>
<DELETED> (3) by inserting before paragraph (2), as so
redesignated, the following:</DELETED>
<DELETED> ``(1) Emergency incidents.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Reports.--Section 6506(b) of title 5, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) by striking subparagraphs (D) and
(E);</DELETED>
<DELETED> (B) by redesignating subparagraph (F) as
subparagraph (D);</DELETED>
<DELETED> (C) in subparagraph (D), as so
redesignated--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by striking ``agency participation rate
goals during the reporting period, and
other'';</DELETED>
<DELETED> (ii) in clause (ii), by inserting
``and carbon emissions'' after
``use'';</DELETED>
<DELETED> (iii) in clause (v), by striking
``and'' at the end;</DELETED>
<DELETED> (iv) in clause (vi), by striking
``and'' at the end; and</DELETED>
<DELETED> (v) by inserting after clause (vi)
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(viii) customer experience and
service, including backlogs and wait times;'';
and</DELETED>
<DELETED> (D) by inserting after subparagraph (D),
as so redesignated, the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) ensure oversight and quality
control with respect to telework; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (e) Regulatory Authority Over Agency Telework Policy.--
</DELETED>
<DELETED> (1) In general.--Chapter 65 of title 5, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 6507. Regulatory authority</DELETED>
<DELETED> ``The Director of the Office of Personnel Management may
prescribe regulations to carry out this chapter.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``6507. Regulatory authority.''.
<DELETED>SEC. 3. GAO AUDITS AND REPORTS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Oversight and
Accountability of the House of Representatives;
and</DELETED>
<DELETED> (C) any other congressional committee
determined appropriate by the Comptroller
General.</DELETED>
<DELETED> (2) Comptroller general.--The term ``Comptroller
General'' means the Comptroller General of the United
States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Executive department.--The term ``Executive
department'' has the meaning given the term in section 101 of
title 5, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Office Building Space Utilization.--The Comptroller
General shall conduct, and submit to Congress a report with respect to,
the following audits:</DELETED>
<DELETED> (1) For each of the first 3 fiscal years that
begins after the date of enactment of this Act, an audit of--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) not more frequently than once each
fiscal year; and</DELETED>
<DELETED> (ii) upon request by any Member of
Congress.</DELETED>
<DELETED> (c) Verifying Official Worksite and Locality Payment
Accuracy.--</DELETED>
<DELETED> (1) In general.--The Comptroller General shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of report.--The report required under
paragraph (1)(B) shall include an assessment of--</DELETED>
<DELETED> (A) how Executive departments--</DELETED>
<DELETED> (i) ensure that employees
regularly report to the official worksite of
those employees; and</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) the frequency with
which Executive departments use those
authorities; and</DELETED>
<DELETED> (II) the average duration
that employees telework under an
exception granted under such section
531.605(d)(2); and</DELETED>
<DELETED> (B) the oversight practices that Executive
departments use to review and verify the amount of a
locality payment paid to an employee who
teleworks.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) After carrying out subparagraph (A) of
this paragraph, conduct an assessment described in such
subparagraph (A)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) upon request by any Member of
Congress.</DELETED>
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--
(A) in subsection (a)--
(i) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5), respectively; and
(ii) by inserting after paragraph (2) the
following:
``(3) managers of teleworkers, using appropriate methods,
track and evaluate the performance of teleworkers, including
with respect to the completion of tasks associated with the
duties, responsibilities, and authorized activities of
teleworkers;''; and
(B) 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 the data required to be reported under
paragraph (2), including the average number of days per
period that eligible employees telework, available in
an appropriate and readable format;
``(B) incorporates appropriate protections for
personal and sensitive information reported under
paragraph (2); 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 Space
Utilization and Executive Agency Performance.--The head of each
executive agency shall--
``(1) establish a system to track office 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
related 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 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), respectively, 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 space utilization that account for the
use of telework.
``(ii) Provide guidance to each executive
agency for collecting office space occupancy
data regarding the average daily onsite
attendance in the office space owned or leased
by the executive agency, which shall take into
consideration--
``(I) duties of employees of the
executive agency that involve official
travel, mobile work, or other job
functions requiring such an employee to
temporarily report to an offsite
location;
``(II) variation within a year with
respect to the number of employees of
the executive agency taking scheduled
or unscheduled leave and the duration
of that leave; and
``(III) data collected from swipes
of Personal Identity Verification Cards
or Common Access Cards, as applicable,
with appropriate protections for
personally identifiable information.
``(iii) Establish office space utilization
rate goals for each executive agency--
``(I) of not less than 60 percent;
and
``(II) that takes into
consideration the matters described in
subclauses (I) and (II) of clause (ii).
``(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 space utilization with respect
to the office space that the executive agency
leases or owns:
``(I) Calculate the usable square
feet of the office space so leased or
owned--
``(aa) by using the portion
of that office 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, including
contractors, 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) 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 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 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).''.
(d) Regulatory Authority Over Agency Telework Policy.--
(1) In general.--Chapter 65 of title 5, United States Code,
is amended by adding inserting after section 6505 the
following:
``Sec. 6505A. 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 inserting after the item relating to section 6505
the following:
``6505A. Regulatory authority.''.
(e) Report From Executive Agencies.--
(1) Definitions.--In this subsection, the terms
``employee'', ``executive agency'', and ``telework'' have the
meanings given those terms in section 6501 of title 5, United
States Code.
(2) Requirement.--Not later than 1 year after the date of
enactment of this Act, the head of each executive agency, in
coordination with the Director of the Office of Personnel
Management, the Chief Human Capital Officer of the executive
agency, the Chief Information Officer of the executive agency,
the Director of the Office of Management and Budget, and the
Administrator of General Services, shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the
House of Representatives a report that identifies--
(A) what metrics and methods the executive agency
has used to determine the productivity of employees who
telework;
(B) any effects of telework, including the effects
of telework on--
(i) costs;
(ii) security;
(iii) employee morale;
(iv) employee productivity; and
(v) waste, fraud, or abuse;
(C) barriers that prevent the executive agency from
meeting in-person work targets, if applicable; and
(D) any initiatives of the executive agency to
address the barriers described in subparagraph (C).
SEC. 3. GAO AUDITS AND REPORTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means an agency described
in section 901(b) of title 31, United States Code.
(2) 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.
(3) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(4) 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.
(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 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 paragraph (2)(A)(i) of section 6504(b)
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 paragraph
(2)(A)(iv) of section 6504 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 paragraph (2)(A)(i)
of section 6504(b) 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
space utilization rates, as required under subsection (d)(1) of
section 6503 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 paragraph (2)(A)(i) of section
6504(b) 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 agencies 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 agencies--
(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
agencies 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 agencies use to
review and verify the amount of a locality payment paid
to an employee who teleworks.
(3) Additional reports.--With respect to the practices
described in subparagraphs (A) and (B) of paragraph (2), the
Comptroller General shall--
(A) assess those practices as of the date that is 2
years, and as of the date that is 4 years, after the
date on which the Comptroller General submits the
report required under paragraph (1)(B); and
(B) submit to the appropriate congressional
committees a report regarding each assessment conducted
under subparagraph (A) of this paragraph, which shall
include a description of any changes to those practices
since the last such assessment conducted by the
Comptroller General.
SEC. 4. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act or the amendments made by this Act.
Calendar No. 735
118th CONGRESS
2d Session
S. 4043
[Report No. 118-315]
_______________________________________________________________________
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.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment