Decentralize Regulatory Agencies, Include the Nation Act of 2018

Summary: Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decentralize Regulatory Agencies, 
Include the Nation Act of 2018'' or the ``DRAIN Act''.

SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE 
              THE NATIONAL CAPITAL REGION.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        General Services;
            (2) the term ``agency''--
                    (A) means an Executive department (as defined in 
                section 101 of title 5, United States Code) and an 
                independent establishment (as defined in section 104 of 
                title 5, United States Code); and
                    (B) does not include the Government Accountability 
                Office;
            (3) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (4) the term ``local government'' means a city, town, 
        township, county, parish, village, or other general purpose 
        political subdivision of a State;
            (5) the term ``National Capital region'' has the meaning 
        given that term in section 8702 of title 40, United States 
        Code;
            (6) the term ``nonsecurity agency'' means an agency that is 
        not a security agency;
            (7) the term ``security agency'' means an agency that 
        receives the majority of the funding for the agency under an 
        appropriation Act making appropriations--
                    (A) for the Department of Defense;
                    (B) for the Department of Homeland Security; or
                    (C) for the Department of State, foreign 
                operations, and related programs; and
            (8) the term ``State'' means each of the several States of 
        the United States.
    (b) Plan.--The Director and the Administrator shall jointly develop 
and implement a plan under which the headquarters of each nonsecurity 
agency that is not exempted under subsection (d) shall be relocated to 
a location outside the National Capital region by not later than the 
later of--
            (1) October 1, 2029; or
            (2) if applicable, the date on which the lease in effect on 
        the date of enactment of this Act for the building in which the 
        headquarters of the nonsecurity agency is located expires.
    (c) Determination of Area for Relocation.--
            (1) In general.--The plan under subsection (b) shall 
        require that the location to which the headquarters of a 
        nonsecurity agency shall be relocated be determined by the 
        Director, the Administrator, and the head of the nonsecurity 
        agency on a competitive basis, in accordance with this 
        subsection.
            (2) Application.--A State or local government desiring that 
        a nonsecurity agency relocate the headquarters of the 
        nonsecurity agency to an area that is under the jurisdiction of 
        the State or local government shall submit an application at 
        such time, in such manner, and accompanied by such information 
        as the Director and the Administrator shall jointly establish.
            (3) Priority.--The Director, the Administrator, and the 
        head of the nonsecurity agency shall give priority to an 
        application under this subsection proposing the headquarters of 
        a nonsecurity agency be located in an area--
                    (A) for which the rate of unemployment is higher 
                than the average rate of unemployment in the United 
                States, as determined by the Secretary of Labor;
                    (B) with a nexus between the nonsecurity agency and 
                the geographic area in which the nonsecurity agency 
                regulates; or
                    (C) with existing infrastructure to efficiently 
                support the size and scope of the relocation of the 
                headquarters of the nonsecurity agency.
            (4) Determination.--The location to which the headquarters 
        of a nonsecurity agency shall be relocated shall be determined 
        by a majority vote of the Director, the Administrator, and the 
        head of the nonsecurity agency.
    (d) Exemptions.--
            (1) In general.--The President may exempt a nonsecurity 
        agency from the requirement to relocate the headquarters of the 
        nonsecurity agency if the President determines that the 
        headquarters of the nonsecurity agency should remain in the 
        current location.
            (2) Reporting.--If the President exempts a nonsecurity 
        agency under paragraph (1), the President shall submit to 
        Congress a report detailing the basis for the determination of 
        the President that the headquarters of the nonsecurity agency 
        should remain in the current location.
    (e) Conforming Amendment.--Section 72 of title 4, United States 
Code, is amended by striking ``All offices'' and inserting ``Except as 
provided in the DRAIN Act, all offices''.
    (f) No Additional Funds Authorized.--No additional funds are 
authorized to carry out the requirements of this Act. Such requirements 
shall be carried out using amounts otherwise authorized.