[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 Manageme