II 

117TH CONGRESS 

1ST SESSION S. 392 

To require Federal agencies to conduct a benefit-cost analysis on relocations 

involving the movement of employment positions to different areas, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2021 

Mr. VAN HOLLEN (for himself, Mr. KAINE, Mr. CARDIN, and Mr. WARNER) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

A BILL 

To require Federal agencies to conduct a benefit-cost analysis 

on relocations involving the movement of employment 

positions to different areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Over5 sight to Secure Transparency of Relocations Act’’ or the 

6 ‘‘COST of Relocations Act’’. 

7 SEC. 2. BENEFIT-COST ANALYSIS ON CERTAIN RELOCA8 TIONS. 

9 (a) DEFINITIONS.—In this Act: 


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1 (1) ADMINISTRATIVE REDELEGATION OF FUNC2 TION.—The term ‘‘administrative redelegation of 

3 function’’ means a Federal agency establishing new 

4 positions within the Federal agency that replace ex5 isting positions within the Federal agency and per6 form the functions of the positions replaced. 

7 (2) COVERED RELOCATION.—The term ‘‘cov8 ered relocation’’ means— 

9 (A) an administrative redelegation of func10 tion which, by itself or in conjunction with 

11 other related redelegations, involves replacing 

12 the existing positions of more than the lesser of 

13 5 percent or 100 of the employees of the rel14 evant Federal agency with new positions located 

15 outside the commuting area of those employees; 

16 (B) moving a Federal agency or any com17 ponent of a Federal agency if the move, by 

18 itself or in conjunction with other related 

19 moves, involves moving the positions of more 

20 than the lesser of 5 percent or 100 of the em21 ployees of the Federal agency outside the com22 muting area of those employees or under the ju23 risdiction of another Federal agency; or 

24 (C) a combination of related redelegations 

25 and moves which together involve the positions 


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1 of more than the lesser of 5 percent or 100 of 

2 the employees of the relevant Federal agency 

3 being moved to or replaced with new positions 

4 located outside the commuting area of those 

5 employees or moved under the jurisdiction of 

6 another Federal agency. 

7 (3) EMPLOYEE.—The term ‘‘employee’’ means 

8 an employee or officer of a Federal agency. 

9 (4) FEDERAL AGENCY.—The term ‘‘Federal 

10 agency’’ has the meaning given the term ‘‘agency’’ 

11 in section 902 of title 5, United States Code. 

12 (5) NATIONAL CAPITAL REGION.—The term 

13 ‘‘National Capital Region’’ has the meaning given 

14 the term in section 8702 of title 40, United States 

15 Code. 

16 (b) REQUIREMENT.—Except as provided in sub17 section (e), a Federal agency may not carry out a covered 

18 relocation unless, before any submission to the Office of 

19 Management and Budget or other reviewing entity regard20 ing the relocation— 

21 (1) the Federal agency— 

22 (A) conducts a benefit-cost analysis on the 

23 covered relocation; and 

24 (B) submits to the Office of Inspector 

25 General of the Federal agency a report on the 


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1 findings of the benefit-cost analysis and includ2 ing such other information as the Office of In3 spector General determines necessary for com4 pliance with subsection (d); and 

5 (2) the Office of Inspector General of the Fed6 eral agency reviews the report and submits to Con7 gress the report described in subsection (d). 

8 (c) BENEFIT-COST ANALYSIS.— 

9 (1) IN GENERAL.—The benefit-cost analysis de10 scribed in subsection (b)(1) shall be conducted in a 

11 manner consistent with the economic and social 

12 science principles articulated in the guidance appli13 cable to relocations in the Office of Management and 

14 Budget Circular A–4, as in effect on September 17, 

15 2003. 

16 (2) ANALYSIS REPORT.— 

17 (A) CONTENTS.—The report described in 

18 subsection (b)(1)(B) shall include, at a min19 imum— 

20 (i) the anticipated outcomes and im21 provements that will result from the pro22 posed covered relocation, quantified in 

23 monetary or other appropriate measures to 

24 the extent practicable; 


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1 (ii) an explanation of how the pro2 posed covered relocation will result in the 

3 anticipated outcomes and improvements; 

4 (iii) the metrics for measuring wheth5 er the proposed covered relocation results 

6 in the anticipated outcomes and improve7 ments; 

8 (iv) a detailed employee engagement 

9 plan; 

10 (v) a list of stakeholders; 

11 (vi) a timeline of past and future en12 gagements with stakeholders regarding the 

13 proposed covered relocation; 

14 (vii) an assessment of how the pro15 posed covered relocation may affect stake16 holders— 

17 (I) served by the positions af18 fected by the covered relocation; and 

19 (II) in the destination Federal 

20 agency or region; 

21 (viii) a comprehensive strategy for ac22 complishing the proposed covered reloca23 tion that includes— 

24 (I) staffing, resourcing, and fi25 nancial needs; 


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1 (II) an implementation timeline 

2 identifying milestones and the persons 

3 accountable for meeting those mile4 stones; 

5 (III) a risk assessment; and 

6 (IV) a risk mitigation plan; 

7 (ix) an analysis of the effect the pro8 posed covered relocation may have on the 

9 ability of the Federal agency to carry out 

10 the mission of the Federal agency during 

11 the covered relocation and thereafter; and 

12 (x) an assessment of the short- and 

13 long-term effects of the proposed covered 

14 relocation on the mission of the Federal 

15 agency. 

16 (B) PUBLICATION.—A Federal agency 

17 shall make publicly available the report de18 scribed in subsection (b)(1)(B) in a form that 

19 excludes any proprietary information or trade 

20 secrets of any person and other confidential in21 formation. 

22 (d) INSPECTOR GENERAL REPORT TO CONGRESS.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date on which a Federal agency submits a report 

25 under subsection (b)(1)(B), the Office of Inspector 


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1 General of that Federal agency shall submit to the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate, the Committee on Environ4 ment and Public Works of the Senate, the Com5 mittee on Oversight and Reform of the House of 

6 Representatives, and the Committee on Transpor7 tation and Infrastructure of the House of Represent8 atives a report on the findings of the review con9 ducted under subsection (b)(2), including— 

10 (A) detailed descriptions of the data used 

11 in the benefit-cost analysis described in sub12 section (b)(1), including the types of data and 

13 the time periods covered by the data; 

14 (B) the conclusions of the benefit-cost 

15 analysis and the analysis underlying those con16 clusions; and 

17 (C) a comprehensive assessment of— 

18 (i) the extent to which the Federal 

19 agency adhered to the guidance in the Of20 fice of Management and Budget Circular 

21 A–4, as in effect on September 17, 2003, 

22 in conducting the benefit-cost analysis, in23 cluding a determination whether that ad24 herence is sufficient to justify the use of 


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1 Federal funds for the covered relocation in2 volved; and 

3 (ii) if the covered relocation involves 

4 moving positions from inside the National 

5 Capital Region to outside the National 

6 Capital Region, the extent to which real es7 tate options in the National Capital Region 

8 were compared to those in the destination 

9 as part of that analysis. 

10 (2) EXCLUSIONS.— 

11 (A) IN GENERAL.—The Office of Inspector 

12 General of a Federal agency shall exclude from 

13 any report described in this subsection any pro14 prietary information or trade secrets of any per15 son and other confidential information. 

16 (B) EXPLANATION AND DESCRIPTION RE17 QUIRED.—For each exclusion under subpara18 graph (A), the Office of Inspector General shall 

19 include— 

20 (i) an explanation of the reason for 

21 the exclusion; and 

22 (ii) a description of the information 

23 excluded in an appropriate location in the 

24 relevant report. 


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1 (e) OTHER REQUIREMENTS NOT ABROGATED.— 

2 Nothing in this Act shall be construed to abrogate, reduce, 

3 or eliminate any requirements imposed by law pertaining 

4 to any relocation of a Federal agency or component of a 

5 Federal agency. 

Æ 


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