II 118th CONGRESS 2d Session S. 4043 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.

1. Short title This Act may be cited as the Telework Transparency Act of 2024 . 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: 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. . 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.