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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5501 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5501

 To require the Administrator of the Small Business Administration to 
 relocate 30 percent of the employees assigned to headquarters to duty 
   stations outside the Washington metropolitan area, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

   Ms. Ernst introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL

 
 To require the Administrator of the Small Business Administration to 
 relocate 30 percent of the employees assigned to headquarters 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 ``Returning SBA to Main Street Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration; administrator.--The terms 
        ``Administration'' and ``Administrator'' mean the Small 
        Business Administration and the Administrator thereof, 
        respectively.
            (2) 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).
            (3) Employee.--The term ``employee'' has the meaning given 
        that term in section 2105 of title 5, United States Code.
            (4) Headquarters employee of the administration.--The term 
        ``headquarters employee of the Administration'' means--
                    (A) an employee of the Administration whose 
                permanent duty station is at the headquarters of the 
                Administration; or
                    (B) an employee of the Administration--
                            (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 administration.--The term 
        ``headquarters of the Administration'' means the building 
        serving as the principal managerial and administrative center 
        of the Administration, in accordance with section 4(a) of the 
        Small Business Act (15 U.S.C. 633(a)).
            (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 
Administrator shall--
            (1) change the permanent duty station of not less than 30 
        percent of the headquarters employees of the Administration, as 
        of the date of enactment of this Act, to be at an office of the 
        Administration at a location outside the Washington 
        metropolitan area, which shall be at locations throughout the 
        regions of the Administration; and
            (2) for each employee of the Administration 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.--In determining the 
permanent duty stations of headquarters employees of the Administration 
under subsection (a), the Administrator shall--
            (1) promote geographic diversity, including consideration 
        of rural markets; and
            (2) ensure adequate staffing throughout the regions of the 
        Administration, 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 
        Administrator shall include each headquarters employee of the 
        Administration as eligible for a change in permanent duty 
        station under subsection (a).
            (2) Exception.--A headquarters employee of the 
        Administration 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 Administration 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 Administrator submits the 
        report required under subsection (d), the Administrator shall 
        notify each headquarters employee of the Administration who the 
        Administrator 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 Administrator shall submit to the Committee on Small 
Business and Entrepreneurship of the Senate and the Committee on Small 
Business of the House of Representatives a report that provides--
            (1) the number of headquarters employees of the 
        Administration, as of the date of enactment of this Act;
            (2) the number of headquarters employees of the 
        Administration identified as eligible for a change in permanent 
        duty station, in accordance with subsection (c);
            (3) the number of headquarters employees of the 
        Administration whose permanent duty station will be changed to 
        be at an office of the Administration at a location outside the 
        Washington metropolitan area under subsection (a);
            (4) the number of headquarters employees of the 
        Administration subject to an exception under subsection (c)(2); 
        and
            (5) the plan of the Administrator 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 Administrator submits 
        the report required under subsection (d), the Administrator 
        shall notify each headquarters employee of the Administration 
        whose permanent duty station will be changed to be at an office 
        of the Administration 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 Administrator 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 the 
                Administration--
                            (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 Administration 
                        at a location outside the Washington 
                        metropolitan area under subsection (a).
            (3) No relocation incentives.--If, pursuant to this Act, 
        the official worksite (as defined in section 531.605 of title 
        5, Code of Federal Regulations, or any successor regulation) of 
        an employee changes from the residence of the employee to the 
        headquarters of the Administration, notwithstanding any other 
        provision of law, the employee shall not be paid any relocation 
        incentive.

SEC. 4. REDUCTION IN HEADQUARTERS OFFICE SPACE.

    (a) In General.--The Administrator shall reduce the amount of 
office space for the headquarters of the Administration by not less 
than 30 percent.
    (b) Implementation.--The Administrator shall--
            (1) begin reducing office space under subsection (a) not 
        later than 180 days after the date of enactment of this Act; 
        and
            (2) complete the reduction of office space required under 
        subsection (a) 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 Administrator shall include in the budget justification 
materials of the Administration for fiscal year 2026, and each fiscal 
year thereafter--
            (1) the number of headquarters employees of the 
        Administration;
            (2) the number of employees of the Administration assigned 
        to a permanent duty station in--
                    (A) a field office of the Administration;
                    (B) a district office of the Administration; or
                    (C) a regional office of the Administration;
            (3) the number of employees of the Administration who 
        telework on a full-time basis; and
            (4) the number of employees of the Administration 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. 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. 7. SUPERSESSION.

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

SEC. 8. 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.
                                 <all>
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