What This Bill Does
This bill requires federal agencies to complete a benefit-cost analysis before moving jobs to different locations. An agency cannot proceed with the move unless it submits its analysis to its Office of Inspector General and receives approval. Congress must review the findings before the agency can move forward with the relocation. (Sec. 2)
Who It Affects
Federal agencies and their employees whose jobs may be relocated. Congress members who receive reports about proposed relocations. People and communities served by federal agencies that relocate. Stakeholders in areas where jobs are moved from or moved to.
Key Provisions
• Federal agencies must conduct a benefit-cost analysis before relocating employment positions and submit findings to their Office of Inspector General before seeking approval from the Office of Management and Budget. (Sec. 2(a))
• The analysis report must include expected outcomes from the relocation, how it will achieve those outcomes, metrics to measure success, a plan for engaging employees, a list of affected stakeholders, and an assessment of impacts on those stakeholders. (Sec. 2(b)(2)(A))
• The analysis must include a comprehensive strategy covering staffing and financial needs, an implementation timeline with responsible parties, risk assessment and mitigation plans, and a diversity management strategy. (Sec. 2(b)(2)(A)(viii))
• Agencies must make the analysis report public but may exclude proprietary information or trade secrets. (Sec. 2(b)(2)(B))
• The Office of Inspector General must submit its review to Congress within 90 days, including detailed descriptions of data used, conclusions from the analysis, and assessment of whether the agency followed proper economic guidance. (Sec. 2(c)(1))
What Changes
Federal agencies can no longer relocate jobs without first conducting a formal benefit-cost analysis and receiving approval from their Office of Inspector General. Congress will receive detailed reports about proposed job relocations before they happen. Agencies must publicly disclose their relocation plans and analyses. Job relocations involving more than 5 percent or 100 employees (whichever is smaller) moving outside their current commuting area will now require this formal review process.
Important Definitions
• A "covered relocation" means moving more than 5 percent or 100 employees (whichever is smaller) of an agency to a location outside their current commuting area, or replacing those positions with new positions in a different location. This includes moving an entire agency or part of an agency.
• An "administrative redelegation of function" means when a federal agency creates new positions that perform the same work as existing positions being eliminated.
• The "National Capital Region" has the meaning given in federal law (section 8702 of title 40, United States Code).
I
118TH CONGRESS
1ST SESSION H. R. 1106
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 HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Ms. WEXTON (for herself, Mr. BEYER, Mr. CONNOLLY, Mr. TRONE, Ms. NOR-
TON, and Mr. RASKIN) introduced the following bill; which was referred
to the Committee on Oversight and Accountability
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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•HR 1106 IH
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 regarding
6
such covered relocation—
7
(1) such agency—
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(A) conducts a benefit-cost analysis on the
9
covered relocation; and
10
(B) submits to the Office of Inspector
11
General for such agency a report on the find-
12
ings of the benefit-cost analysis and including
13
such other information such Office of Inspector
14
General determines necessary for compliance
15
with subsection (c); and
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(2) such Office of Inspector General reviews the
17
report and submits to Congress the report described
18
in subsection (c).
19
(b) BENEFIT-COST ANALYSIS.—
20
(1) IN GENERAL.—The benefit-cost analysis de-
21
scribed in subsection (a)(1) shall be conducted in a
22
manner consistent with the economic and social
23
science principles articulated in the guidance appli-
24
cable to relocations in the Office of Management and
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•HR 1106 IH
Budget Circular A–4, as in effect on September 17,
1
2003.
2
(2) ANALYSIS REPORT.—
3
(A) CONTENTS.—The report described in
4
subsection (a)(1)(B) shall include, at a min-
5
imum—
6
(i) the anticipated outcomes and im-
7
provements that will result from the pro-
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posed covered relocation, quantified in
9
monetary or other appropriate measures to
10
the extent practicable;
11
(ii) an explanation of how the pro-
12
posed covered relocation will result in the
13
anticipated outcomes and improvements;
14
(iii) the metrics for measuring wheth-
15
er the proposed covered relocation results
16
in the anticipated outcomes and improve-
17
ments;
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(iv) a detailed employee engagement
19
plan;
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(v) a list of stakeholders;
21
(vi) a timeline of past and future en-
22
gagements with stakeholders regarding the
23
proposed covered relocation;
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•HR 1106 IH
(vii) an assessment of how the pro-
1
posed covered relocation may affect stake-
2
holders—
3
(I) served by the positions af-
4
fected by the covered relocation; and
5
(II) in the destination agency or
6
region;
7
(viii) a comprehensive strategy for ac-
8
complishing the proposed covered reloca-
9
tion that includes—
10
(I) staffing, resourcing, and fi-
11
nancial needs;
12
(II) an implementation timeline
13
identifying milestones and the persons
14
accountable for meeting such mile-
15
stones;
16
(III) a risk assessment;
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(IV) a risk mitigation plan; and
18
(V)
a
diversity
management
19
strategy including—
20
(aa) a strategy for sus-
21
taining diversity and inclusion;
22
and
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•HR 1106 IH
(bb) documentation of ongo-
1
ing succession and recruiting
2
planning processes;
3
(ix) an analysis of the effect the pro-
4
posed covered relocation may have on the
5
ability of the Federal agency to carry out
6
its mission during the covered relocation
7
and thereafter; and
8
(x) an assessment of the short- and
9
long-term effects of the covered relocation
10
on the mission of the Federal agency.
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(B) PUBLICATION.—A Federal agency
12
shall make publicly available the report de-
13
scribed in subsection (a)(1)(B) in a form that
14
excludes any proprietary information or trade
15
secrets of any person and other confidential in-
16
formation.
17
(c) INSPECTOR GENERAL REPORT TO CONGRESS.—
18
(1) IN GENERAL.—Not later than 90 days after
19
the date on which a Federal agency submits a report
20
under subsection (a)(1)(B), the Office of Inspector
21
General for that agency shall submit to the Com-
22
mittee on Homeland Security and Governmental Af-
23
fairs of the Senate, the Committee on Environment
24
and Public Works of the Senate, the Committee on
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•HR 1106 IH
Oversight and Reform of the House of Representa-
1
tives, and the Committee on Transportation and In-
2
frastructure of the House of Representatives a re-
3
port on the findings of the review conducted under
4
subsection (a)(2), including—
5
(A) detailed descriptions of the data used
6
in the benefit-cost analysis described in sub-
7
section (a)(1), including the types of data and
8
the time periods covered by the data;
9
(B) the conclusions of the benefit-cost
10
analysis and the analysis underlying such con-
11
clusions; and
12
(C) a comprehensive assessment of—
13
(i) the extent to which the Federal
14
agency adhered to the guidance in the Of-
15
fice of Management and Budget Circular
16
A–4, as in effect on September 17, 2003,
17
in conducting the benefit-cost analysis, in-
18
cluding a determination whether such ad-
19
herence is sufficient to justify the use of
20
Federal funds for the proposed covered re-
21
location involved; and
22
(ii) if the proposed covered relocation
23
involves moving positions from inside the
24
National Capital Region to outside the Na-
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•HR 1106 IH
tional Capital Region, the extent to which
1
real estate options in the National Capital
2
Region were compared to those in the des-
3
tination as part of that analysis.
4
(2) EXCLUSIONS.—
5
(A) IN GENERAL.—The Office of Inspector
6
General for a Federal agency shall exclude from
7
any report described in this subsection any pro-
8
prietary information or trade secrets of any per-
9
son and other confidential information.
10
(B) EXPLANATION AND DESCRIPTION RE-
11
QUIRED.—For each exclusion under subpara-
12
graph (A), the Office of Inspector General shall
13
include an explanation of the reason for the ex-
14
clusion and a description of the information ex-
15
cluded in an appropriate location in the relevant
16
report.
17
(d) OTHER REQUIREMENTS NOT ABROGATED.—
18
Nothing in this Act shall be construed to abrogate, reduce,
19
or eliminate any requirements imposed by law pertaining
20
to any covered relocation of a Federal agency or compo-
21
nent of a Federal agency.
22
(e) DEFINITIONS.—In this Act:
23
(1) ADMINISTRATIVE REDELEGATION OF FUNC-
24
TION.—The term ‘‘administrative redelegation of
25
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•HR 1106 IH
function’’ means a Federal agency establishing new
1
positions within the agency that replace existing po-
2
sitions within the agency and perform the functions
3
of the positions replaced.
4
(2) COVERED
RELOCATION.—The term ‘‘cov-
5
ered relocation’’ means—
6
(A) an administrative redelegation of func-
7
tion which, by itself or in conjunction with
8
other related redelegations, involves replacing
9
the existing positions of more than the lesser of
10
5 percent or 100 of the employees of the rel-
11
evant Federal agency with new positions located
12
outside the commuting area of such employees;
13
(B) moving a Federal agency or any com-
14
ponent of a Federal agency if such move, by
15
itself or in conjunction with other related
16
moves, involves moving the positions of more
17
than the lesser of 5 percent or 100 of the em-
18
ployees of the Federal agency outside the com-
19
muting area of such employees or under the ju-
20
risdiction of another Federal agency; or
21
(C) a combination of related redelegations
22
and moves which together involve the positions
23
of more than the lesser of 5 percent or 100 of
24
the employees of the relevant Federal agency
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•HR 1106 IH
being moved to or replaced with new positions
1
located outside the commuting area of such em-
2
ployees or moved under the jurisdiction of an-
3
other Federal agency.
4
(3) EMPLOYEE.—The term ‘‘employee’’ means
5
an employee or officer of a Federal agency.
6
(4) FEDERAL
AGENCY.—The term ‘‘Federal
7
agency’’ has the meaning given the term ‘‘agency’’
8
in section 902 of title 5, United States Code.
9
(5) NATIONAL
CAPITAL
REGION.—The term
10
‘‘National Capital Region’’ has the meaning given
11
such term in section 8702 of title 40, United States
12
Code.
13
Æ
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