I 

115TH CONGRESS 

2D SESSION H. R. 5403 

To establish a competitive bidding process for the relocation of the 

headquarters of Executive agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2018 

Mr. MESSER introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. RELOCATION OF HEADQUARTERS OF EXECUTIVE 

2 AGENCIES. 

3 (a) DEFINITIONS.—In this section: 

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

5 agency’’— 

6 (A) has the meaning given the term in sec7 tion 105 of title 5, United States Code; and 

8 (B) does not include— 

9 (i) the Executive Office of the Presi10 dent; 

11 (ii) the Department of Defense, in12 cluding the Defense Intelligence Agency, 

13 the National Security Agency, and the Na14 tional-Geospatial-Intelligence Agency; 

15 (iii) the Department of Energy; 

16 (iv) the Department of Homeland Se17 curity; 

18 (v) the Department of State; 

19 (vi) the Office of the Director of Na20 tional Intelligence; and 

21 (vii) the Central Intelligence Agency. 

22 (2) HEADQUARTERS.—The term ‘‘head23 quarters’’— 

24 (A) means the place or building serving as 

25 the managerial and administrative center of an 

26 Executive agency; and 


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1 (B) does not include an office that the 

2 head of an Executive agency may maintain sep3 arately from a place or building in the Wash4 ington metropolitan area. 

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

6 the 50 States. 

7 (4) WASHINGTON METROPOLITAN AREA.—The 

8 term ‘‘Washington metropolitan area’’ means the ge9 ographic area located within the boundaries of the 

10 following: 

11 (A) The District of Columbia. 

12 (B) Montgomery and Prince George’s 

13 Counties in the State of Maryland. 

14 (C) Arlington, Fairfax, Loudoun, and 

15 Prince William Counties and the City of Alex16 andria in the Commonwealth of Virginia. 

17 (b) REPEAL OF HEADQUARTERS LOCATION RE18 QUIREMENT.—Section 72 of title 4, United States Code, 

19 is repealed. 

20 (c) PROHIBITION ON LOCATION OF HEADQUARTERS

21 IN WASHINGTON METROPOLITAN AREA.—With respect to 

22 a headquarters of an Executive agency that has the head23 quarters of the Executive agency located in the Wash24 ington metropolitan area as of the date of enactment of 

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


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1 undertaken, or lease agreement entered into or renewed, 

2 for the headquarters after the date of enactment of this 

3 Act, except as otherwise expressly provided by law. 

4 (d) COMPETITIVE BIDDING PROCESS FOR RELOCA5 TION OF HEADQUARTERS.— 

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

7 the date of enactment of this Act, the Administrator 

8 of General Services shall establish a process, in ac9 cordance with the requirements described in para10 graph (2), through which— 

11 (A) the head of an Executive agency may 

12 submit a request for the Administrator of Gen13 eral Services to issue a solicitation for the relo14 cation of the headquarters of the Executive 

15 agency; or 

16 (B) if determined necessary, the Adminis17 trator of General Services may issue a solicita18 tion for the relocation of the headquarters of an 

19 Executive agency. 

20 (2) REQUIREMENTS.—With respect to any so21 licitation issued for the relocation of the head22 quarters of an Executive agency pursuant to para23 graph (1), the Administrator of General Services 

24 shall— 


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1 (A) allow any State and any political sub2 division of a State to submit a bid for the relo3 cation of the headquarters of the Executive 

4 agency; 

5 (B) provide the public with notice and an 

6 opportunity to comment on the bid described in 

7 subparagraph (A); and 

8 (C) in consultation with the head of the 

9 Executive agency, select a State, or a political 

10 subdivision of a State, for the relocation of the 

11 headquarters using a competitive bidding proce12 dure that considers— 

13 (i) the extent to which the relocation 

14 of the headquarters would impact the econ15 omy and workforce development of a State 

16 or political subdivision of a State; 

17 (ii) whether a State, or a political sub18 division of a State, has expertise in car19 rying out activities substantially similar to 

20 the mission and goals of the Executive 

21 agency; and 

22 (iii) the extent to which the relocation 

23 of the headquarters to a State, or a polit24 ical subdivision of a State, would implicate 

25 national security interests. 


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

2 may be construed to prohibit a political subdivision of the 

3 State of Maryland or the Commonwealth of Virginia that 

4 is located outside the Washington metropolitan area from 

5 submitting a bid under subsection (d)(2)(A). 

6 (f) OFFSET ALLOWED.—The Administrator of Gen7 eral Services may use the proceeds from the sale of any 

8 Federal building or land to offset the cost of relocating 

9 the headquarters of an Executive agency. 

10 (g) NO ADDITIONAL FUNDS AUTHORIZED.— 

11 (1) IN GENERAL.—No additional funds are au12 thorized to carry out the requirements of this Act. 

13 (2) AMOUNTS AUTHORIZED.—The requirements 

14 shall be carried out using amounts otherwise author15 ized. 

Æ 


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