,,ii #aahth ,,congress #b;d ,session ,s4 #djdc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbd,mr4 ,peters 7for himself and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to make executive agency telework policies transparent1 to track executive agency use of telework1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,telework ,transparency ,act of #bjbd4 #b4 ,telework ,policy ,transparency and ,tracking 7a7 ,monitoring executive agency telework policies and requiring transparency 7#a7 ,telework eligibility policy ,section #fejb7;a77#a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,not later than #ahj days after the date of enactment of this chapter1 the and inserting ,the2 7,b7 in subparagraph 7,b71 by striking and at the end2 7,c7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,d7 not later than #ahj days after the date of enactment of this subparagraph1 and as updates are made thereafter-- 7i7 submit to the ,director of the ,office of ,personnel ,management a description of the policy established under subparagraph 7,a71 or any successor policy2 and 7ii7 make publicly available on the website of the executive agency the most current version of the policy described in clause 7i74 4 7#b7 ,training and monitoring ,section #fejc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,monitoring employee use of telework 7#a7 ,definition ,in this subsection1 the term ,shared ,service ,centers has the meaning given the term in section #hej4ajc of title #e1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,establishment of common data standards2 data reporting requirements ,not later than #ahj days after the date of enactment of this subsection1 in part to aid in the collection of data for the purposes of satisfying the reporting requirements under section #fejf1 the ,director of the ,office of ,personnel ,management shall establish-- 7,a7 executive agency telework data reporting requirements1 including required timeframes for reporting2 7,b7 data standards and protocols for tracking employee use of telework2 7,c7 best practices and training for managers of employees who telework to review and verify the amount of a locality payment1 as defined in section #eca4fjb of title #e1 ,code of ,federal ,regulations 7or any successor regulation71 paid to such an employee2 7,d7 internal controls for data quality with respect to the use of telework1 including procedures to-- 7i7 consistently monitor system-generated errors2 7ii7 produce reports on adherence to data standards and edit rules2 and 7iii7 ensure prompt action to address issues identified in clauses 7i7 and 7ii72 and 7,e7 mechanisms to provide regular feedback to executive agencies and ,shared ,service ,centers on data quality with respect to telework1 which shall include the provision of any human capital data needed to evaluate telework practices4 7#c7 ,establishment of automated telework tracking systems within payroll systems ,the head of each executive agency1 in consultation 7where applicable7 with each ,shared ,service ,center that provides payroll or human resources services to that executive agency1 shall establish telework tracking within each payroll system that-- 7,a7 is automated2 and 7,b7 conforms to-- 7i7 the telework data standards and coding requirements issued by the ,director of the ,office of ,personnel ,management2 and 7ii7 the requirements established by the ,director of the ,office of ,personnel ,management under paragraph 7#b74 7#d7 ,establishment of online tool ,not later than #b years after the date of enactment of this subsection1 the ,director of the ,office of ,personnel ,management shall establish and maintain a publicly available online tool that-- 7,a7 makes available the data required to be reported under paragraph 7#b7 in an appropriate and readable format2 7,b7 incorporates appropriate protections for personal and sensitive information2 and 7,c7 uses data visualization or other data presentation techniques to support strategic executive agency workforce planning and talent management objectives4 7d7 ,monitoring the effects of telework on office building space utilization and executive agency performance ,the head of each executive agency shall-- 7#a7 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 ,budget1 in coordination with the ,administrator of ,general ,services and the ,federal ,real ,property ,council established by section #fbc7;a7 of title #dj1 under section #fejd7;b77#b77;,a72 7#b7 identify a set of indicators1 and establish routines using the indicators1 to assess and monitor the effects of telework policy on the performance of the executive agency1 including1 as applicable to the mission of the executive agency-- 7,a7 indicators related to-- 7i7 customer experience and service1 including backlogs and wait times2 7ii7 security2 7iii7 cost to operations2 7iv7 the management of real property and personal property2 7v7 investments in network capacity or communications infrastructure1 including technology capabilities to improve efficiency and reduce the use of outdated technology2 and 7vi7 the ability of the executive agency to recruit and retain top talent2 and 7,b7 any other indicator determined appropriate by the head of the executive agency1 including as the result of policy and policy guidance provided under section #fejd7;b77#b77;,b72 7#c7 not later than #ahj days after the date of enactment of this subsection1 and as updates are made thereafter-- 7,a7 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 7#b72 and 7,b7 make publicly available on the website of the executive agency the most current version of the indicators and routines described in paragraph 7#b72 and 7#d7 with respect to the office building space utilization rates described in paragraph 7#a7-- 7,a7 include those rates in the budget justification materials 7as defined in section #c7;b77#b7 of the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7#ca ,u4,s4,c4 #faja note77 of the executive agency2 and 7,b7 make those rates publicly available4 4 7#c7 ,telework website ,section #fejd7;e77#b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking telework links and inserting the following3 links to ,government websites1 including a compilation of links to executive agency websites with descriptions of telework policies and indicators and routines described in sections #fejb7;a77#a77;,d7 and #fejc7;d77#b71 respectively2 and 7,b7 in subparagraph 7,d7-- 7i7 by striking 1 and the ,general ,services ,administration and inserting 1 the ,general ,services ,administration1 and the ,department of ,state2 and 7ii7 by striking #aj and inserting #cj4 7b7 ,establishing benchmarks and providing guidance ,section #fejd7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins accordingly2 7#b7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 and adjusting the margins accordingly2 7#c7 by striking ,the ,office of ,personnel ,management shall and inserting the following3 7#a7 ,office of ,personnel ,management ,the ,office of ,personnel ,management shall 2 and 7#d7 by adding at the end the following3 7#b7 ,office of ,management and ,budget ,the ,director of the ,office of ,management and ,budget shall take the following actions3 7,a7 ,in coordination with the ,administrator of ,general ,services and the ,federal ,real ,property ,council established by section #fbc7;a7 of title #dj1 the following actions3 7i7 ,develop benchmarks for measuring office building space utilization that account for the use of telework4 7ii7 ,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 agency4 7iii7 ,establish office building space utilization rate goals for each executive agency of not less than #fj percent4 7iv7 ,until the benchmarks described in clause 7i7 are developed1 and the guidance described in clause 7ii7 is provided1 ensure that each executive agency1 not less frequently than quarterly1 uses the following formula to calculate office building space utilization with respect to the office building space that the executive agency leases or owns3 7,i7 ,calculate the usable square feet of the office building space so leased or owned1 which shall be calculated-- 7aa7 by using the portion of that office building space that is available for occupants1 including offices1 team rooms1 and conference rooms2 and 7bb7 in accordance with the standard methods of measurement developed by the ,building ,owners and ,managers ,association ,international1 as approved by the ,american ,national ,standards ,institute4 7,,ii7 ,divide the number of usable square feet calculated under subclause 7,i7 by #ahj4 7,,iii7 ,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 7,i7 by the quotient obtained under subclause 7,,ii71 which shall be expressed as a percentage4 7,b7 ,in coordination with the ,director of the ,office of ,personnel ,management and the ,administrator of ,general ,services1 provide policy and policy guidance for the indicators and routines described in section #fejc7;d77#b71 including with respect to the identification of additional indicators under section #fejc7;d77#b77;,b74 4 7c7 ,continuity of operations ,section #fejd7;d7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking plans2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7#c7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,emergency incidents 7,a7 ,definition ,in this paragraph1 the term emergency incident means an event that1 as determined by the head of an executive agency1 would pose a threat to the life1 health1 or safety of an employee1 or a group of employees1 of the executive agency if the employee1 or group of employees1 were to report to the worksite of the employee or group of employees4 7,b7 ,telework during emergency incidents ,notwithstanding any other provision of law1 the head of an executive agency may require that an employee1 or a group of employees1 of the executive agency telework during an emergency incident under procedures established by the ,director of the ,office of ,personnel ,management4 4 7d7 ,reports ,section #fejf7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking subparagraphs 7,d7 and 7,e72 7,b7 by redesignating subparagraph 7,f7 as subparagraph 7,d72 7,c7 in subparagraph 7,d71 as so redesignated-- 7i7 in the matter preceding clause 7i71 by striking agency participation rate goals during the reporting period1 and other2 7ii7 in clause 7ii71 by inserting and carbon emissions after use2 7iii7 in clause 7v71 by striking and at the end2 7iv7 in clause 7vi71 by striking and at the end2 and 7v7 by inserting after clause 7vi7 the following3 7vii7 the ability of the agency to dispose of or consolidate unnecessary and underutilized space or property1 including to reduce the monetary and environmental cost of maintaining that space or property2 and 7viii7 customer experience and service1 including backlogs and wait times2 2 and 7,d7 by inserting after subparagraph 7,d71 as so redesignated1 the following3 7,e7 an explanation of whether or not each executive agency met the goals described in subparagraph 7,d7 for the last reporting period and1 if not1 what actions are being taken to identify and eliminate barriers to meeting those goals for the next reporting period2 and 7,f7 what actions each executive agency has taken since the last reporting period1 and any additional steps the executive agency is planning to take1 to-- 7i7 ensure oversight and quality control with respect to telework2 and 7ii7 increase the utilization rates of office building space owned or leased by the executive agency to not less than #fj percent 7or any higher rate established by the ,director of the ,office of ,management and ,budget under section #fejd7;b77#b77;,a772 and 2 and 7#b7 by adding at the end the following3 7#c7 ,use of online tool ,notwithstanding any other provision of this subsection1 the ,director of the ,office of ,personnel ,management may elect to carry out this subsection1 in whole or in part1 through the online tool established under section #fejc7;c77#d74 4 7e7 ,regulatory authority over agency telework policy 7#a7 ,in general ,chapter #fe of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #fejg4 ,regulatory authority ,the ,director of the ,office of ,personnel ,management may prescribe regulations to carry out this chapter4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #fe of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #fejg4 ,regulatory authority4 4 #c4 ,,gao audits and reports 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 and 7,c7 any other congressional committee determined appropriate by the ,comptroller ,general4 7#b7 ,comptroller ,general ,the term ,comptroller ,general means the ,comptroller ,general of the ,united ,states4 7#c7 ,employee2 executive agency2 telework ,the terms employee1 executive agency1 and telework have the meanings given those terms in section #feja of title #e1 ,united ,states ,code4 7#d7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7#e7 ,locality payment2 official worksite ,the terms locality payment and official worksite have the meanings given those terms in section #eca4fjb of title #e1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,office building space utilization ,the ,comptroller ,general shall conduct1 and submit to ,congress a report with respect to1 the following audits3 7#a7 ,for each of the first #c fiscal years that begins after the date of enactment of this ,act1 an audit of-- 7,a7 the measurements made under the benchmarks developed under section #fejd7;b77#b77;,a77i7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act2 or 7,b7 if the ,director of the ,office of ,management and ,budget has not developed the benchmarks described in subparagraph 7,a7 as of the first day of the fiscal year in which the audit is scheduled to be performed1 the calculations made by executive agencies under section #fejd7;b77#b77;,a77iv7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act4 7#b7 ,an audit of the benchmarks developed by the ,director of the ,office of ,management and ,budget under section #fejd7;b77#b77;,a77i7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 including any changes to those benchmarks that are made after the benchmarks are first developed4 7#c7 7,a7 ,an audit of each system established to track office building space utilization rates1 as required under section #fejc7;d77#a7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act4 7,b7 ,the ,comptroller ,general shall conduct the audit required under subparagraph 7,a7 once for each of the first #c 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 #fejd7;b77#b77;,a77i7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 after which the ,comptroller ,general shall conduct that audit-- 7i7 not more frequently than once each fiscal year2 and 7ii7 upon request by any ,member of ,congress4 7c7 ,verifying official worksite and locality payment accuracy 7#a7 ,in general ,the ,comptroller ,general shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 brief the appropriate congressional committees on how ,executive departments determine the official worksite for an employee who teleworks1 especially for the purpose of determining the amount of a locality payment paid to such an employee2 and 7,b7 not later than #a year after the date on which the ,comptroller ,general provides the briefing required under subparagraph 7,a71 submit to the appropriate congressional committees a report regarding the matters described in that subparagraph4 7#b7 ,contents of report ,the report required under paragraph 7#a77;,b7 shall include an assessment of-- 7,a7 how ,executive departments-- 7i7 ensure that employees regularly report to the official worksite of those employees2 and 7ii7 use the authorities under section #eca4fje7;d77#b7 of title #e1 ,code of ,federal ,regulations1 or any successor regulation1 including an assessment of-- 7,i7 the frequency with which ,executive departments use those authorities2 and 7,,ii7 the average duration that employees telework under an exception granted under such section #eca4fje7;d77#b72 and 7,b7 the oversight practices that ,executive departments use to review and verify the amount of a locality payment paid to an employee who teleworks4 7#c7 ,recurring analysis ,with respect to the practices described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b71 the ,comptroller ,general shall take the following actions3 7,a7 ,assess those practices once for each of the #e fiscal years that begins after the fiscal year in which the ,comptroller ,general submits the report required under paragraph 7#a77;,b7 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 ,general4 7,b7 ,after carrying out subparagraph 7,a7 of this paragraph1 conduct an assessment described in such subparagraph 7,a7-- 7i7 not more frequently than once each fiscal year1 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 ,general2 and 7ii7 upon request by any ,member of ,congress4