[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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