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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5614 Introduced in Senate (IS)]

<DOC>

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.

    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 budget 
justification materials of the Executive agency for fiscal year 2026, 
and 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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