II 

118TH CONGRESS 

2D SESSION S. 5614 

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 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Decentralizing and Re5 organizing Agency Infrastructure Nation-wide To Harness 

6 Efficient Services, Workforce Administration, and Man7 agement Practices Act’’ or the ‘‘DRAIN THE SWAMP 

8 Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BUDGET JUSTIFICATION MATERIALS.—The 

4 term ‘‘budget justification materials’’ has the mean5 ing given that term in section 3(b)(2)(A) of the Fed6 eral Funding Accountability and Transparency Act 

7 of 2006 (31 U.S.C. 6101 note). 

8 (2) EMPLOYEE.—The term ‘‘employee’’— 

9 (A) has the meaning given that term in 

10 section 2105 of title 5, United States Code; and 

11 (B) does not include an individual who— 

12 (i) in the event of a lapse in appro13 priations, would be an excepted employee 

14 and exempt from the limitation on vol15 untary services under section 1342 of title 

16 31, United States Code, because the duties 

17 of the position in which the individual is 

18 serving are performing mission-essential 

19 functions of the Executive agency employ20 ing the individual that are necessary for 

21 purposes of defending the United States 

22 against imminent threats; and 

23 (ii) is serving in a position within— 

24 (I) the Executive Office of the 

25 President; or 


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1 (II) a component, the mission of 

2 which is related to national security, 

3 of— 

4 (aa) the Department of De5 fense, including— 

6 (AA) the Defense Intel7 ligence Agency; 

8 (BB) the National Se9 curity Agency; and 

10 (CC) the National 

11 Geospatial-Intelligence 

12 Agency; 

13 (bb) the Department of En14 ergy; 

15 (cc) the Department of 

16 Homeland Security; 

17 (dd) the Office of the Direc18 tor of National Intelligence; or 

19 (ee) the Central Intelligence 

20 Agency. 

21 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

22 agency’’ means an agency, as defined in section 551 

23 of title 5, United States Code, that is in the execu24 tive branch of the Government. 


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1 (4) HEADQUARTERS EMPLOYEE OF AN EXECU2 TIVE AGENCY.—The term ‘‘headquarters employee of 

3 an Executive agency’’ means— 

4 (A) an employee of an Executive agency 

5 whose permanent duty station is at the head6 quarters of the Executive agency; or 

7 (B) an employee of an Executive agency— 

8 (i) who teleworks on a full-time basis; 

9 and 

10 (ii) whose rate of pay is calculated 

11 based on the Washington metropolitan 

12 area rate of pay. 

13 (5) HEADQUARTERS OF THE EXECUTIVE AGEN14 CY.—The term ‘‘headquarters of the Executive agen15 cy’’, with respect to an Executive agency, means the 

16 building serving as the principal managerial and ad17 ministrative center of the Executive agency. 

18 (6) PAY LOCALITY.—The term ‘‘pay locality’’ 

19 has the meaning given that term in section 5302 of 

20 title 5, United States Code. 

21 (7) RURAL.—The term ‘‘rural’’ means any area 

22 that is not designated as an urban area, based on 

23 the most recent data available from the Bureau of 

24 the Census. 


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1 (8) TELEWORK.—The term ‘‘telework’’ has the 

2 meaning given that term in section 6501 of title 5, 

3 United States Code. 

4 (9) TELEWORK ON A FULL-TIME BASIS.—The 

5 term ‘‘telework on a full-time basis’’ means that an 

6 employee is authorized to telework for 100 percent 

7 of the work days of the employee per pay period. 

8 (10) WASHINGTON METROPOLITAN AREA.—The 

9 term ‘‘Washington metropolitan area’’ means the ge10 ographic area to which the Washington metropolitan 

11 area rate of pay applies. 

12 (11) WASHINGTON METROPOLITAN AREA RATE

13 OF PAY.—The term ‘‘Washington metropolitan area 

14 rate of pay’’ means the rate of pay in effect for the 

15 pay locality designated as ‘‘Washington-Baltimore16 Arlington, DC–MD–VA–WV–PA’’. 

17 SEC. 3. RELOCATION OF EMPLOYEES. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sions of law, and not later than 1 year after the date of 

20 enactment of this Act, the head of each Executive agency 

21 shall— 

22 (1) change the permanent duty station of not 

23 less than 30 percent of the headquarters employees 

24 of the Executive agency, as of the date of enactment 

25 of this Act, to be at an office of the Executive agenVerDate Sep 11 2014 03:29 Jan 26, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5614.IS S5614

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1 cy at a location outside the Washington metropolitan 

2 area, which shall be at locations throughout the re3 gions of the Executive agency; and 

4 (2) for each employee of the Executive agency 

5 whose permanent duty station is changed under 

6 paragraph (1), ensure that— 

7 (A) the rate of pay of the employee is cal8 culated based on the pay locality for the perma9 nent duty station of the employee; and 

10 (B) the employee is not authorized to 

11 telework on a full-time basis. 

12 (b) DETERMINATION OF NEW DUTY STATIONS.— 

13 The head of each Executive agency shall, in determining 

14 the permanent duty stations of headquarters employees of 

15 the Executive agency under subsection (a)— 

16 (1) promote geographic diversity, including con17 sideration of rural markets; and 

18 (2) ensure adequate staffing throughout the re19 gions of the Executive agency, to promote in-person 

20 customer service. 

21 (c) DETERMINATION OF EMPLOYEES ELIGIBLE FOR

22 A CHANGE IN DUTY STATION.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the head of each Executive agency shall 

25 include each headquarters employee of the Executive 


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1 agency as eligible for a change in permanent duty 

2 station under subsection (a). 

3 (2) EXCEPTION.—A headquarters employee of 

4 an Executive agency who is a qualified individual 

5 who receives an accommodation to telework on a 

6 full-time basis as a reasonable accommodation under 

7 title I of the Americans with Disabilities Act of 1990 

8 (42 U.S.C. 12111 et seq.)— 

9 (A) shall not be determined to be eligible 

10 for a change in permanent duty station under 

11 subsection (a); and 

12 (B) shall be counted as a headquarters em13 ployee of the Executive agency for purposes of 

14 complying with subsection (a)(1). 

15 (3) NOTICE OF DETERMINATION OF ELIGI16 BILITY.—Not later than the day before the date on 

17 which the head of an Executive agency submits the 

18 report required under subsection (d), the head of the 

19 Executive agency shall notify each headquarters em20 ployee of the Executive agency who the head of the 

21 Executive agency determines is eligible for a change 

22 in permanent duty station under subsection (a) of 

23 that determination. 

24 (d) REPORT.—Not later than 180 days after the date 

25 of enactment of this Act, the head of each Executive agenVerDate Sep 11 2014 03:29 Jan 26, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5614.IS S5614

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1 cy shall submit to each committee of the Senate or the 

2 House of Representatives with jurisdiction of 1 or more 

3 programs, projects, or activities of the Executive agency 

4 a report that provides— 

5 (1) the number of headquarters employees of 

6 the Executive agency, as of the date of enactment of 

7 this Act; 

8 (2) the number of headquarters employees of 

9 the Executive agency identified as eligible for a 

10 change in permanent duty station, in accordance 

11 with subsection (c); 

12 (3) the number of headquarters employees of 

13 the Executive agency whose permanent duty station 

14 will be changed to be at an office of the Executive 

15 agency at a location outside the Washington metro16 politan area under subsection (a); 

17 (4) the number of headquarters employees of 

18 the Executive agency subject to an exception under 

19 subsection (c)(2); and 

20 (5) the plan of the head of the Executive agen21 cy to implement subsection (a). 

22 (e) IMPLEMENTATION.— 

23 (1) IN GENERAL.—Not earlier than 60 days, 

24 and not later than 90 days, after the date on which 

25 the head of an Executive agency submits the report 


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1 required under subsection (d), the head of the Exec2 utive agency shall notify each headquarters employee 

3 of the Executive agency whose permanent duty sta4 tion will be changed to be at an office of the Execu5 tive agency located outside the Washington metro6 politan area under subsection (a)— 

7 (A) that, effective 90 days after the date 

8 of the notification— 

9 (i) the permanent duty station of the 

10 employee shall be changed; 

11 (ii) the rate of pay of the employee 

12 shall be calculated based on the pay local13 ity for such permanent duty station; and 

14 (iii) the employee shall not be author15 ized to telework on a full-time basis; and 

16 (B) of the location of such permanent duty 

17 station. 

18 (2) FULL-TIME TELEWORKERS REMAINING IN

19 THE WASHINGTON METROPOLITAN AREA.— 

20 (A) IN GENERAL.—For any employee de21 scribed in subparagraph (B), effective on the 

22 date that is 180 days after the date on which 

23 the head of the Executive agency employing the 

24 employee submits the report required under 


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1 subsection (d), the employee shall not be au2 thorized to telework on a full-time basis. 

3 (B) EMPLOYEES COVERED.—An employee 

4 described in this subparagraph is a head5 quarters employee of an Executive agency— 

6 (i) who teleworks on a full-time basis, 

7 as of the date of enactment of this Act; 

8 (ii) who is not subject to an exception 

9 under subsection (c)(2); and 

10 (iii) whose permanent duty station is 

11 not changed to be an office of the Execu12 tive agency at a location outside the Wash13 ington metropolitan area under subsection 

14 (a). 

15 SEC. 4. REDUCTION IN HEADQUARTERS OFFICE SPACE. 

16 (a) IN GENERAL.—Not later than 60 days after the 

17 date of enactment of this Act, the Director of the Office 

18 of Management and Budget shall— 

19 (1) issue a memorandum directing that the 

20 amount of real property serving as the headquarters 

21 of an Executive agency that is owned or leased by 

22 the Federal Government be reduced by not less than 

23 30 percent; and 


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1 (2) in identifying property to be sold or for 

2 which a lease is to be terminated or not renewed, 

3 prioritize— 

4 (A) the disposal of buildings; and 

5 (B) co-locating the headquarters of Execu6 tive agencies in as few locations as practicable. 

7 (b) IMPLEMENTATION.—If the head of an Executive 

8 agency is directed to reduce office space under the memo9 randum issued under subsection (a), the head of the Exec10 utive agency shall— 

11 (1) begin reducing office space in accordance 

12 with the memorandum not later than 180 days after 

13 the date of enactment of this Act; and 

14 (2) complete the reduction of office space in ac15 cordance with the memorandum not later than 2 

16 years after the date of enactment of this Act. 

17 SEC. 5. INFORMATION INCLUDED IN BUDGET JUSTIFICA18 TION MATERIALS PROVIDED TO CONGRESS. 

19 The head of each Executive agency shall include in 

20 the budget justification materials of the Executive agency 

21 for fiscal year 2026, and each fiscal year thereafter— 

22 (1) the number of headquarters employees of 

23 the Executive agency; 

24 (2) the number of employees of the Executive 

25 agency assigned to a permanent duty station in— 


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1 (A) a field office of the Executive agency; 

2 (B) a district office of the Executive agen3 cy; or 

4 (C) a regional office of the Executive agen5 cy; 

6 (3) the number of employees of the Executive 

7 agency who telework on a full-time basis; and 

8 (4) the number of employees of the Executive 

9 agency who are a qualified individual who receives 

10 an accommodation to telework on a full-time basis 

11 as a reasonable accommodation under title I of the 

12 Americans with Disabilities Act of 1990 (42 U.S.C. 

13 12111 et seq.). 

14 SEC. 6. NO RELOCATION INCENTIVES. 

15 If, pursuant to this Act, the official worksite (as de16 fined in section 531.605 of title 5, Code of Federal Regu17 lations) of an employee changes from the residence of the 

18 employee to the headquarters of the Executive agency of 

19 the employee, notwithstanding any other provision of law, 

20 no such employee shall be paid any relocation incentive. 

21 SEC. 7. SEVERABILITY. 

22 If any provision of this Act or the application of such 

23 provision to any person or circumstance is held to be un24 constitutional, the remainder of this Act and the applicaVerDate Sep 11 2014 03:29 Jan 26, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5614.IS S5614

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1 tion of the provision to any other person or circumstance 

2 shall not be affected thereby. 

3 SEC. 8. SUPERSESSION. 

4 This Act shall supersede any other provision of law 

5 and any provision of a collective bargaining agreement or 

6 master labor agreement. 

7 SEC. 9. NO PRIVATE CAUSE OF ACTION. 

8 Nothing in this Act shall be construed to establish 

9 a private cause of action, equitable or otherwise, to chal10 lenge any selection, change, or decision made, or action 

11 taken, under this Act. 

Æ 


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