[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 23 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 23
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.
_______________________________________________________________________
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.
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 ``Decentralizing and Reorganizing
Agency Infrastructure Nation-wide To Harness Efficient Services,
Workforce Administration, and Management Practices Act'' or the ``DRAIN
THE SWAMP Act''.
SEC. 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''.
SEC. 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).
SEC. 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.
SEC. 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.).
SEC. 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.
SEC. 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.
SEC. 8. SUPERSESSION.
This Act shall supersede any other provision of law and any
provision of a collective bargaining agreement or master labor
agreement.
SEC. 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.
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