[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2612 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2612

 To establish a competitive bidding process for the relocation of the 
      headquarters of Executive agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

   Ms. Ernst introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a competitive bidding process for the relocation of the 
      headquarters of Executive agencies, 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 ``Strategic Withdrawal of Agencies for 
Meaningful Placement Act of 2023'' or the ``SWAMP Act of 2023''.

SEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE AGENCIES.

    (a) Definitions.--In this section:
            (1) Executive agency.--The term ``Executive agency''--
                    (A) has the meaning given the term in section 105 
                of title 5, United States Code; and
                    (B) does not include--
                            (i) the Executive Office of the President;
                            (ii) the Department of Defense, including--
                                    (I) the Defense Intelligence 
                                Agency;
                                    (II) the National Security Agency; 
                                and
                                    (III) the National Geospatial-
                                Intelligence Agency;
                            (iii) the Department of Energy;
                            (iv) the Department of Homeland Security;
                            (v) the Department of State;
                            (vi) the Office of the Director of National 
                        Intelligence; or
                            (vii) the Central Intelligence Agency.
            (2) Headquarters.--The term ``headquarters''--
                    (A) means the place or building serving as the 
                managerial and administrative center of an Executive 
                agency; and
                    (B) does not include an office that the head of an 
                Executive agency may maintain separately from a place 
                or building in the Washington metropolitan area.
            (3) State.--The term ``State'' means each of the 50 States.
            (4) Washington metropolitan area.--The term ``Washington 
        metropolitan area'' means the geographic area located within 
        the boundaries of--
                    (A) the District of Columbia;
                    (B) Montgomery and Prince George's Counties in the 
                State of Maryland; and
                    (C) Arlington, Fairfax, Loudoun, and Prince William 
                Counties and the City of Alexandria in the Commonwealth 
                of Virginia.
    (b) Prohibition on Location of Headquarters in Washington 
Metropolitan Area.--
            (1) In general.--Subject to paragraph (2), the headquarters 
        of an Executive agency may not be located in the Washington 
        metropolitan area.
            (2) Exception.--Subject to paragraph (3), the headquarters 
        of an Executive agency located in the Washington metropolitan 
        area on the date of enactment of this Act may remain in the 
        Washington metropolitan area.
            (3) Condition.--With respect to the headquarters of an 
        Executive agency that remains in the Washington metropolitan 
        area under paragraph (2), after the date of enactment of this 
        Act and except as otherwise expressly provided by law--
                    (A) no new construction or major renovation may be 
                undertaken on the headquarters;
                    (B) a lease agreement for the headquarters may not 
                be renewed; and
                    (C) a new lease agreement for the headquarters may 
                not be entered into.
    (c) Competitive Bidding Process for Relocation of Headquarters.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of General Services 
        shall establish a process, in accordance with the requirements 
        under paragraph (2), through which--
                    (A) the head of an Executive agency may submit a 
                request for the Administrator of General Services to 
                issue a solicitation for the relocation of the 
                headquarters of the Executive agency; or
                    (B) if determined necessary, the Administrator of 
                General Services may issue a solicitation for the 
                relocation of the headquarters of an Executive agency.
            (2) Requirements.--With respect to any solicitation issued 
        for the relocation of the headquarters of an Executive agency 
        under paragraph (1), the Administrator of General Services 
        shall--
                    (A) allow any State and any political subdivision 
                of a State to submit a proposal for the relocation of 
                the headquarters of the Executive agency;
                    (B) provide the public with notice and an 
                opportunity to comment on any proposal submitted under 
                subparagraph (A); and
                    (C) in consultation with the head of the Executive 
                agency, select a State, or a political subdivision of a 
                State, for the relocation of the headquarters using a 
                competitive bidding procedure that considers--
                            (i) the extent to which the relocation of 
                        the headquarters would impact the economy and 
                        workforce development of a State or political 
                        subdivision of a State;
                            (ii) whether a State, or a political 
                        subdivision of a State, has expertise in 
                        carrying out activities substantially similar 
                        to the mission and goals of the Executive 
                        agency; and
                            (iii) the extent to which the relocation of 
                        the headquarters to a State, or a political 
                        subdivision of a State, would implicate 
                        national security interests.
    (d) Rule of Construction.--Nothing in this Act shall be construed 
to prohibit a political subdivision of the State of Maryland or the 
Commonwealth of Virginia that is located outside the Washington 
metropolitan area from submitting a proposal under subsection 
(c)(2)(A).
    (e) Offset allowed.--The Administrator of General Services may use 
the proceeds from the sale of any Federal building or land to offset 
the cost of relocating the headquarters of an Executive agency.
    (f) No Additional Funds Authorized.--The Administrator of General 
Services shall carry out this Act using amounts otherwise made 
available to the Administrator of General Services, and no additional 
amounts are authorized to be appropriated to carry out this Act.
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