What This Bill Does
This bill requires federal agencies to complete a benefit-cost analysis before moving job positions to different geographic areas. Agencies must submit their analysis to their Inspector General, who then reviews it and reports findings to Congress. The bill aims to ensure these moves are transparent and justified before happening.
Who It Affects
Federal agencies and their employees whose jobs might be relocated. Congress members who receive reports about these relocations. People and organizations served by the affected federal agencies.
Key Provisions
• Federal agencies cannot move more than 5 percent or 100 of their employees (whichever is smaller) to a different commuting area without first completing a benefit-cost analysis and submitting it to their Inspector General (Sec. 2(a)).
• The Inspector General must review the analysis and submit a report to Congress within 90 days, including detailed descriptions of the data used, conclusions from the analysis, and an assessment of whether the agency followed proper economic guidelines (Sec. 2(c)(1)).
• The benefit-cost analysis must include the expected outcomes, how the move will achieve those outcomes, measurements to track success, a plan for talking with employees, a list of affected groups, and an assessment of how the move affects current and future stakeholders (Sec. 2(b)(2)(A)).
• Federal agencies must make their relocation reports publicly available, removing any proprietary business information or trade secrets before sharing (Sec. 2(b)(2)(B)).
• The analysis must include a comprehensive strategy covering staffing needs, financial costs, implementation timeline with responsible parties, risk assessment, risk reduction plans, and a diversity management strategy (Sec. 2(b)(2)(A)(viii)).
What Changes
Federal agencies currently do not have an explicit legal requirement to conduct and publicly report benefit-cost analyses before relocating jobs. This bill adds that requirement, creating a review and reporting process involving agency Inspectors General and Congress before moves can proceed.
Important Definitions
• Covered relocation: Moving job positions of more than 5 percent or 100 federal employees (whichever is smaller) to a different commuting area, replacing positions with new ones in different locations, or a combination of these actions (Sec. 2(e)(2)).
• Administrative redelegation of function: When a federal agency creates new positions that replace and perform the same work as existing positions (Sec. 2(e)(1)).
• Federal agency: An agency as defined in federal law (title 5, United States Code, section 902) (Sec. 2(e)(4)).
• National Capital Region: The region as defined in federal law (title 40, United States Code, section 8702) (Sec. 2(e)(5)).
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Congressional Over-
4
sight to Secure Transparency of Relocations Act’’ or the
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‘‘COST of Relocations Act’’.
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•S 487 IS
SEC. 2. BENEFIT-COST ANALYSIS ON CERTAIN RELOCA-
1
TIONS.
2
(a) IN GENERAL.—Except as provided in subsection
3
(d), a Federal agency may not carry out a covered reloca-
4
tion unless, prior to any submission to the Office of Man-
5
agement and Budget or other reviewing entity relating to
6
such covered relocation—
7
(1) the Federal agency—
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(A) conducts a benefit-cost analysis on the
9
covered relocation; and
10
(B) submits to the Inspector General of
11
the Federal agency a report on the findings of
12
the benefit-cost analysis and includes in the re-
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port such other information the Inspector Gen-
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eral determines necessary for compliance with
15
subsection (c); and
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(2) the Inspector General of the Federal agency
17
reviews the report submitted pursuant to paragraph
18
(1) and submits to Congress the report described in
19
subsection (c).
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(b) BENEFIT-COST ANALYSIS.—
21
(1) IN GENERAL.—The benefit-cost analysis de-
22
scribed in subsection (a)(1)(A) shall be conducted in
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a manner consistent with the economic and social
24
science principles articulated in the guidance appli-
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cable to relocations in the document of the Office of
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•S 487 IS
Management and Budget entitled ‘‘Circular A–4’’,
1
as in effect on September 17, 2003.
2
(2) ANALYSIS REPORT.—
3
(A) CONTENTS.—Each report submitted
4
by the Inspector General of a Federal agency
5
pursuant to subsection (a)(1)(B) shall include,
6
at a minimum—
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(i) the anticipated outcomes and im-
8
provements that will result from the pro-
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posed covered relocation, quantified in
10
monetary or other appropriate measures to
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the extent practicable;
12
(ii) an explanation of how the pro-
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posed covered relocation will result in the
14
anticipated outcomes and improvements;
15
(iii) the metrics for measuring wheth-
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er the proposed covered relocation results
17
in the anticipated outcomes and improve-
18
ments;
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(iv) a detailed employee engagement
20
plan;
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(v) a list of stakeholders;
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(vi) a timeline of past and future en-
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gagements with stakeholders regarding the
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proposed covered relocation;
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•S 487 IS
(vii) an assessment of how the pro-
1
posed covered relocation may affect stake-
2
holders—
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(I) served by the positions af-
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fected by the proposed covered reloca-
5
tion; and
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(II) in the destination agency or
7
region;
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(viii) a comprehensive strategy for ac-
9
complishing the proposed covered reloca-
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tion that includes—
11
(I) staffing, resourcing, and fi-
12
nancial needs;
13
(II) an implementation timeline
14
identifying milestones and the persons
15
accountable for meeting such mile-
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stones;
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(III) a risk assessment;
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(IV) a risk mitigation plan; and
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(V)
a
diversity
management
20
strategy including—
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(aa) a strategy for sus-
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taining diversity and inclusion;
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and
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•S 487 IS
(bb) documentation of ongo-
1
ing succession and recruiting
2
planning processes;
3
(ix) an analysis of the effect the pro-
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posed covered relocation may have on the
5
ability of the Federal agency to carry out
6
the mission of the Federal agency during
7
the covered relocation and thereafter; and
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(x) an assessment of the short- and
9
long-term effects of the proposed covered
10
relocation on the mission of the Federal
11
agency.
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(B) PUBLICATION.—A Federal agency
13
shall make publicly available each report sub-
14
mitted by the Inspector General of a Federal
15
agency pursuant to subsection (a)(1)(B) in a
16
form that excludes any proprietary information
17
or trade secrets of any person and other con-
18
fidential information.
19
(c) INSPECTOR GENERAL REPORT TO CONGRESS.—
20
(1) IN GENERAL.—Not later than 90 days after
21
the date on which the Inspector General of a Fed-
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eral agency submits a report under subsection
23
(a)(1)(B), the Inspector General of that agency shall
24
submit to the Committee on Homeland Security and
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•S 487 IS
Governmental Affairs of the Senate, the Committee
1
on Environment and Public Works of the Senate,
2
the Committee on Oversight and Accountability of
3
the House of Representatives, and the Committee on
4
Transportation and Infrastructure of the House of
5
Representatives a report on the findings of the re-
6
view conducted under subsection (a)(1), including—
7
(A) detailed descriptions of the data used
8
in the benefit-cost analysis carried out pursuant
9
to subsection (a)(1), including the types of data
10
and the time periods covered by the data;
11
(B) the conclusions of the benefit-cost
12
analysis and the analysis underlying such con-
13
clusions; and
14
(C) a comprehensive assessment of—
15
(i) the extent to which the Federal
16
agency adhered to the guidance in the doc-
17
ument of the Office of Management and
18
Budget entitled ‘‘Circular A–4’’, as in ef-
19
fect on September 17, 2003, in conducting
20
the benefit-cost analysis, including a deter-
21
mination as to whether such adherence is
22
sufficient to justify the use of Federal
23
funds for the proposed covered relocation
24
involved; and
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•S 487 IS
(ii) if the proposed covered relocation
1
involves moving positions from inside the
2
National Capital Region to outside the Na-
3
tional Capital Region, the extent to which
4
real estate options in the National Capital
5
Region were compared to those in the des-
6
tination as part of that analysis.
7
(2) EXCLUSIONS.—
8
(A) IN GENERAL.—The Inspector General
9
of a Federal agency shall exclude from any re-
10
port described in this subsection any propri-
11
etary information or trade secrets of any person
12
and other confidential information.
13
(B) EXPLANATION AND DESCRIPTION RE-
14
QUIRED.—For each exclusion under subpara-
15
graph (A), the Inspector General of the Federal
16
agency shall include an explanation of the rea-
17
son for the exclusion and a description of the
18
information excluded in an appropriate location
19
in the relevant report.
20
(d) OTHER REQUIREMENTS NOT ABROGATED.—
21
Nothing in this Act shall be construed to abrogate, reduce,
22
or eliminate any requirements imposed by law pertaining
23
to any covered relocation of a Federal agency or compo-
24
nent of a Federal agency.
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•S 487 IS
(e) DEFINITIONS.—In this Act:
1
(1) ADMINISTRATIVE REDELEGATION OF FUNC-
2
TION.—The term ‘‘administrative redelegation of
3
function’’ means a Federal agency establishing new
4
positions within the agency that replace existing po-
5
sitions within the Federal agency and perform the
6
functions of the positions replaced.
7
(2) COVERED
RELOCATION.—The term ‘‘cov-
8
ered relocation’’ means—
9
(A) an administrative redelegation of func-
10
tion which, by itself or in conjunction with
11
other related redelegations, involves replacing
12
the existing positions of more than the lesser of
13
5 percent or 100 of the employees of the rel-
14
evant Federal agency with new positions located
15
outside the commuting area of such employees;
16
(B) moving a Federal agency or any com-
17
ponent of a Federal agency if such move, by
18
itself or in conjunction with other related
19
moves, involves moving the positions of more
20
than the lesser of 5 percent or 100 of the em-
21
ployees of the Federal agency outside the com-
22
muting area of such employees or under the ju-
23
risdiction of another Federal agency; or
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•S 487 IS
(C) a combination of related redelegations
1
and moves that together involve the positions of
2
more than the lesser of 5 percent or 100 of the
3
employees of the relevant Federal agency being
4
moved to or replaced with new positions located
5
outside the commuting area of such employees
6
or moved under the jurisdiction of another Fed-
7
eral agency.
8
(3) EMPLOYEE.—The term ‘‘employee’’ means
9
an employee or officer of a Federal agency.
10
(4) FEDERAL
AGENCY.—The term ‘‘Federal
11
agency’’ has the meaning given the term ‘‘agency’’
12
in section 902 of title 5, United States Code.
13
(5) NATIONAL
CAPITAL
REGION.—The term
14
‘‘National Capital Region’’ has the meaning given
15
the term in section 8702 of title 40, United States
16
Code.
17
Æ
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