```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4043 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4043

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

_______________________________________________________________________

                                 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,

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 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 available the data required to be 
                reported under paragraph (2) in an appropriate and 
                readable format;
                    ``(B) incorporates appropriate protections for 
                personal and sensitive information; 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 Building Space 
Utilization and Executive Agency Performance.--The head of each 
executive agency shall--
            ``(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);
            ``(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 
                        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 building 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), 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 building space utilization that account 
                        for the use of telework.
                            ``(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.
                            ``(iii) Establish office building space 
                        utilization rate goals for each executive 
                        agency of not less than 60 percent.
                            ``(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:
                                    ``(I) Calculate the usable square 
                                feet of the office building space so 
                                leased or owned, which shall be 
                                calculated--
                                            ``(aa) by using the portion 
                                        of that office building 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 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) Continuity of Operations.--Section 6504(d) of title 5, United 
States Code, is amended--
            (1) in the subsection heading, by striking ``Plans'';
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (3) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Emergency incidents.--
                    ``(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.
                    ``(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.''.
    (d) 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 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
                    ``(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 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
            (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).''.
    (e) Regulatory Authority Over Agency Telework Policy.--
            (1) In general.--Chapter 65 of title 5, United States Code, 
        is amended by adding at the end the following:
``Sec. 6507. 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 adding at the end the following:

``6507. Regulatory authority.''.

SEC. 3. GAO AUDITS AND REPORTS.

    (a) Definitions.--In this section:
            (1) 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.
            (2) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (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.
            (4) Executive department.--The term ``Executive 
        department'' has the meaning given the term in section 101 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 Building 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 section 6504(b)(2)(A)(i) 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 section 
                6504(b)(2)(A)(iv) 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 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.
            (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.
            (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--
                    (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 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
                    (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 Executive departments--
                            (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 
                                Executive departments 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 Executive 
                departments use to review and verify the amount of a 
                locality payment paid to an employee who teleworks.
            (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:
                    (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.
                    (B) After carrying out subparagraph (A) of this 
                paragraph, conduct an assessment described in such 
                subparagraph (A)--
                            (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
                            (ii) upon request by any Member of 
                        Congress.
                                 <all>
```