```

[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
```