119 S23 IS: Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act
U.S. Senate
2025-01-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
119th CONGRESS
1st Session
S. 23
IN THE SENATE OF THE UNITED STATES
January 7, 2025
Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To require the head of each Executive agency to relocate 30 percent of the employees assigned to the headquarters of the Executive agency to duty stations outside the Washington metropolitan area, and for other purposes.
1.

Short title
This Act may be cited as the “Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act” or the “DRAIN THE SWAMP Act”.
2.

Definitions
In this Act:
(1)

Budget justification materials
The term budget justification materials has the meaning given that term in section 3(b)(2)(A) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
(2)

Employee
The term employee—
(A)
has the meaning given that term in section 2105 of title 5, United States Code; and
(B)
does not include an individual who—
(i)
in the event of a lapse in appropriations, would be an excepted employee and exempt from the limitation on voluntary services under section 1342 of title 31, United States Code, because the duties of the position in which the individual is serving are performing mission-essential functions of the Executive agency employing the individual that are necessary for purposes of defending the United States against imminent threats; and
(ii)
is serving in a position within—
(I)
the Executive Office of the President; or
(II)
a component, the mission of which is related to national security, of—
- (aa)
the Department of Defense, including—
(AA)
the Defense Intelligence Agency;
(BB)
the National Security Agency; and
(CC)
the National Geospatial-Intelligence Agency;
- (bb)
the Department of Energy;
- (cc)
the Department of Homeland Security;
- (dd)
the Office of the Director of National Intelligence; or
- (ee)
the Central Intelligence Agency.
(3)

Executive agency
The term Executive agency means an agency, as defined in section 551 of title 5, United States Code, that is in the executive branch of the Government.
(4)

Headquarters employee of an Executive agency
The term headquarters employee of an Executive agency means—
(A)
an employee of an Executive agency whose permanent duty station is at the headquarters of the Executive agency; or
(B)
an employee of an Executive agency—
(i)
who teleworks on a full-time basis; and
(ii)
whose rate of pay is calculated based on the Washington metropolitan area rate of pay.
(5)

Headquarters of the Executive agency
The term headquarters of the Executive agency, with respect to an Executive agency, means the building serving as the principal managerial and administrative center of the Executive agency.
(6)

Pay locality
The term pay locality has the meaning given that term in section 5302 of title 5, United States Code.
(7)

Rural
The term rural means any area that is not designated as an urban area, based on the most recent data available from the Bureau of the Census.
(8)

Telework
The term telework has the meaning given that term in section 6501 of title 5, United States Code.
(9)

Telework on a full-time basis
The term telework on a full-time basis means that an employee is authorized to telework for 100 percent of the work days of the employee per pay period.
(10)

Washington metropolitan area
The term Washington metropolitan area means the geographic area to which the Washington metropolitan area rate of pay applies.
(11)

Washington metropolitan area rate of pay
The term Washington metropolitan area rate of pay means the rate of pay in effect for the pay locality designated as “Washington-Baltimore-Arlington, DC–MD–VA–WV–PA”.
3.

Relocation of employees
(a)

In general
Notwithstanding any other provisions of law, and not later than 1 year after the date of enactment of this Act, the head of each Executive agency shall—
(1)
change the permanent duty station of not less than 30 percent of the headquarters employees of the Executive agency, as of the date of enactment of this Act, to be at an office of the Executive agency at a location outside the Washington metropolitan area, which shall be at locations throughout the regions of the Executive agency; and
(2)
for each employee of the Executive agency whose permanent duty station is changed under paragraph (1), ensure that—
(A)
the rate of pay of the employee is calculated based on the pay locality for the permanent duty station of the employee; and
(B)
the employee is not authorized to telework on a full-time basis.
(b)

Determination of new duty stations
The head of each Executive agency shall, in determining the permanent duty stations of headquarters employees of the Executive agency under subsection (a)—
(1)
promote geographic diversity, including consideration of rural markets; and
(2)
ensure adequate staffing throughout the regions of the Executive agency, to promote in-person customer service.
(c)

Determination of employees eligible for a change in duty station
(1)

In general
Except as provided in paragraph (2), the head of each Executive agency shall include each headquarters employee of the Executive agency as eligible for a change in permanent duty station under subsection (a).
(2)

Exception
A headquarters employee of an Executive agency who is a qualified individual who receives an accommodation to telework on a full-time basis as a reasonable accommodation under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)—
(A)
shall not be determined to be eligible for a change in permanent duty station under subsection (a); and
(B)
shall be counted as a headquarters employee of the Executive agency for purposes of complying with subsection (a)(1).
(3)

Notice of determination of eligibility
Not later than the day before the date on which the head of an Executive agency submits the report required under subsection (d), the head of the Executive agency shall notify each headquarters employee of the Executive agency who the head of the Executive agency determines is eligible for a change in permanent duty station under subsection (a) of that determination.
(d)

Report
Not later than 180 days after the date of enactment of this Act, the head of each Executive agency shall submit to each committee of the Senate or the House of Representatives with jurisdiction of 1 or more programs, projects, or activities of the Executive agency a report that provides—
(1)
the number of headquarters employees of the Executive agency, as of the date of enactment of this Act;
(2)
the number of headquarters employees of the Executive agency identified as eligible for a change in permanent duty station, in accordance with subsection (c);
(3)
the number of headquarters employees of the Executive agency whose permanent duty station will be changed to be at an office of the Executive agency at a location outside the Washington metropolitan area under subsection (a);
(4)
the number of headquarters employees of the Executive agency subject to an exception under subsection (c)(2); and
(5)
the plan of the head of the Executive agency to implement subsection (a).
(e)

Implementation
(1)

In general
Not earlier than 60 days, and not later than 90 days, after the date on which the head of an Executive agency submits the report required under subsection (d), the head of the Executive agency shall notify each headquarters employee of the Executive agency whose permanent duty station will be changed to be at an office of the Executive agency located outside the Washington metropolitan area under subsection (a)—
(A)
that, effective 90 days after the date of the notification—
(i)
the permanent duty station of the employee shall be changed;
(ii)
the rate of pay of the employee shall be calculated based on the pay locality for such permanent duty station; and
(iii)
the employee shall not be authorized to telework on a full-time basis; and
(B)
of the location of such permanent duty station.
(2)

Full-time teleworkers remaining in the washington metropolitan area
(A)

In general
For any employee described in subparagraph (B), effective on the date that is 180 days after the date on which the head of the Executive agency employing the employee submits the report required under subsection (d), the employee shall not be authorized to telework on a full-time basis.
(B)

Employees covered
An employee described in this subparagraph is a headquarters employee of an Executive agency—
(i)
who teleworks on a full-time basis, as of the date of enactment of this Act;
(ii)
who is not subject to an exception under subsection (c)(2); and
(iii)
whose permanent duty station is not changed to be an office of the Executive agency at a location outside the Washington metropolitan area under subsection (a).
4.

Reduction in headquarters office space
(a)

In general
Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall—
(1)
issue a memorandum directing that the amount of real property serving as the headquarters of an Executive agency that is owned or leased by the Federal Government be reduced by not less than 30 percent; and
(2)
in identifying property to be sold or for which a lease is to be terminated or not renewed, prioritize—
(A)
the disposal of buildings; and
(B)
co-locating the headquarters of Executive agencies in as few locations as practicable.
(b)

Implementation
If the head of an Executive agency is directed to reduce office space under the memorandum issued under subsection (a), the head of the Executive agency shall—
(1)
begin reducing office space in accordance with the memorandum not later than 180 days after the date of enactment of this Act; and
(2)
complete the reduction of office space in accordance with the memorandum not later than 2 years after the date of enactment of this Act.
5.

Information included in budget justification materials provided to congress
The head of each Executive agency shall include in the first budget justification materials of the Executive agency submitted after the date of enactment of this Act, and the budget justification materials of the Executive agency for each fiscal year thereafter—
(1)
the number of headquarters employees of the Executive agency;
(2)
the number of employees of the Executive agency assigned to a permanent duty station in—
(A)
a field office of the Executive agency;
(B)
a district office of the Executive agency; or
(C)
a regional office of the Executive agency;
(3)
the number of employees of the Executive agency who telework on a full-time basis; and
(4)
the number of employees of the Executive agency who are a qualified individual who receives an accommodation to telework on a full-time basis as a reasonable accommodation under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.).
6.

No relocation incentives
If, pursuant to this Act, the official worksite (as defined in section 531.605 of title 5, Code of Federal Regulations) of an employee changes from the residence of the employee to the headquarters of the Executive agency of the employee, notwithstanding any other provision of law, no such employee shall be paid any relocation incentive.
7.

Severability
If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected thereby.
8.

Supersession
This Act shall supersede any other provision of law and any provision of a collective bargaining agreement or master labor agreement.
9.

No private cause of action
Nothing in this Act shall be construed to establish a private cause of action, equitable or otherwise, to challenge any selection, change, or decision made, or action taken, under this Act.