II 

115TH CONGRESS 

2D SESSION S. 2592 

To establish a competitive bidding process for the relocation of the 

headquarters of Executive agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mrs. ERNST introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish a competitive bidding process for the relocation 

of the headquarters of Executive agencies, 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 ‘‘Strategic Withdrawal 

5 of Agencies for Meaningful Placement Act of 2018’’ or 

6 the ‘‘SWAMP Act’’. 

7 SEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE 

8 AGENCIES. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) EXECUTIVE AGENCY.—The term ‘‘Executive 

2 agency’’— 

3 (A) has the meaning given the term in sec4 tion 105 of title 5, United States Code; and 

5 (B) does not include— 

6 (i) the Executive Office of the Presi7 dent; 

8 (ii) the Department of Defense, in9 cluding the Defense Intelligence Agency, 

10 the National Security Agency, and the Na11 tional-Geospatial-Intelligence Agency; 

12 (iii) the Department of Energy; 

13 (iv) the Department of Homeland Se14 curity; 

15 (v) the Department of State; 

16 (vi) the Office of the Director of Na17 tional Intelligence; and 

18 (vii) the Central Intelligence Agency. 

19 (2) HEADQUARTERS.—The term ‘‘head20 quarters’’— 

21 (A) means the place or building serving as 

22 the managerial and administrative center of an 

23 Executive agency; and 

24 (B) does not include an office that the 

25 head of an Executive agency may maintain sepVerDate Sep 11 2014 01:42 Mar 28, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2592.IS S2592

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1 arately from a place or building in the Wash2 ington metropolitan area. 

3 (3) STATE.—The term ‘‘State’’ means each of 

4 the 50 States. 

5 (4) WASHINGTON METROPOLITAN AREA.—The 

6 term ‘‘Washington metropolitan area’’ means the ge7 ographic area located within the boundaries of the 

8 following: 

9 (A) The District of Columbia. 

10 (B) Montgomery and Prince George’s 

11 Counties in the State of Maryland. 

12 (C) Arlington, Fairfax, Loudoun, and 

13 Prince William Counties and the City of Alex14 andria in the Commonwealth of Virginia. 

15 (b) REPEAL OF HEADQUARTERS LOCATION RE16 QUIREMENT.—Section 72 of title 4, United States Code, 

17 is repealed. 

18 (c) PROHIBITION ON LOCATION OF HEADQUARTERS

19 IN WASHINGTON METROPOLITAN AREA.—With respect to 

20 a headquarters of an Executive agency that has the head21 quarters of the Executive agency located in the Wash22 ington metropolitan area as of the date of enactment of 

23 this Act, no new construction or major renovation may be 

24 undertaken, or lease agreement entered into or renewed, 


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1 for the headquarters after the date of enactment of this 

2 Act, except as otherwise expressly provided by law. 

3 (d) COMPETITIVE BIDDING PROCESS FOR RELOCA4 TION OF HEADQUARTERS.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Administrator 

7 of General Services shall establish a process, in ac8 cordance with the requirements described in para9 graph (2), through which— 

10 (A) the head of an Executive agency may 

11 submit a request for the Administrator of Gen12 eral Services to issue a solicitation for the relo13 cation of the headquarters of the Executive 

14 agency; or 

15 (B) if determined necessary, the Adminis16 trator of General Services may issue a solicita17 tion for the relocation of the headquarters of an 

18 Executive agency. 

19 (2) REQUIREMENTS.—With respect to any so20 licitation issued for the relocation of the head21 quarters of an Executive agency pursuant to para22 graph (1), the Administrator of General Services 

23 shall— 

24 (A) allow any State and any political sub25 division of a State to submit a bid for the reloVerDate Sep 11 2014 01:42 Mar 28, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2592.IS S2592

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1 cation of the headquarters of the Executive 

2 agency; 

3 (B) provide the public with notice and an 

4 opportunity to comment on the bid described in 

5 subparagraph (A); and 

6 (C) in consultation with the head of the 

7 Executive agency, select a State, or a political 

8 subdivision of a State, for the relocation of the 

9 headquarters using a competitive bidding proce10 dure that considers— 

11 (i) the extent to which the relocation 

12 of the headquarters would impact the econ13 omy and workforce development of a State 

14 or political subdivision of a State; 

15 (ii) whether a State, or a political sub16 division of a State, has expertise in car17 rying out activities substantially similar to 

18 the mission and goals of the Executive 

19 agency; and 

20 (iii) the extent to which the relocation 

21 of the headquarters to a State, or a polit22 ical subdivision of a State, would implicate 

23 national security interests. 

24 (e) RULE OF CONSTRUCTION.—Nothing in this Act 

25 may be construed to prohibit a political subdivision of the 


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1 State of Maryland or the Commonwealth of Virginia that 

2 is located outside the Washington metropolitan area from 

3 submitting a bid under subsection (c)(2)(A). 

4 (f) OFFSET ALLOWED.—The Administrator of Gen5 eral Services may use the proceeds from the sale of any 

6 Federal building or land to offset the cost of relocating 

7 the headquarters of an Executive agency. 

8 (g) NO ADDITIONAL FUNDS AUTHORIZED.— 

9 (1) IN GENERAL.—No additional funds are au10 thorized to carry out the requirements of this Act. 

11 (2) AMOUNTS AUTHORIZED.—The requirements 

12 shall be carried out using amounts otherwise author13 ized. 

Æ 


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