II 

117TH CONGRESS 

2D SESSION S. 4197 

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 

MAY 12, 2022 

Ms. 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 2022’’ or 

6 the ‘‘SWAMP Act of 2022’’. 

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— 

10 (I) the Defense Intelligence 

11 Agency; 

12 (II) the National Security Agen13 cy; and 

14 (III) the National Geospatial-In15 telligence Agency; 

16 (iii) the Department of Energy; 

17 (iv) the Department of Homeland Se18 curity; 

19 (v) the Department of State; 

20 (vi) the Office of the Director of Na21 tional Intelligence; or 

22 (vii) the Central Intelligence Agency. 

23 (2) HEADQUARTERS.—The term ‘‘head24 quarters’’— 


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1 (A) means the place or building serving as 

2 the managerial and administrative center of an 

3 Executive agency; and 

4 (B) does not include an office that the 

5 head of an Executive agency may maintain sep6 arately from a place or building in the Wash7 ington metropolitan area. 

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

9 the 50 States. 

10 (4) WASHINGTON METROPOLITAN AREA.—The 

11 term ‘‘Washington metropolitan area’’ means the ge12 ographic area located within the boundaries of— 

13 (A) the District of Columbia; 

14 (B) Montgomery and Prince George’s 

15 Counties in the State of Maryland; and 

16 (C) Arlington, Fairfax, Loudoun, and 

17 Prince William Counties and the City of Alex18 andria in the Commonwealth of Virginia. 

19 (b) PROHIBITION ON LOCATION OF HEADQUARTERS

20 IN WASHINGTON METROPOLITAN AREA.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 the headquarters of an Executive agency may not be 

23 located in the Washington metropolitan area. 

24 (2) EXCEPTION.—Subject to paragraph (3), the 

25 headquarters of an Executive agency located in the 


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1 Washington metropolitan area on the date of enact2 ment of this Act may remain in the Washington 

3 metropolitan area. 

4 (3) CONDITION.—With respect to the head5 quarters of an Executive agency that remains in the 

6 Washington metropolitan area under paragraph (2), 

7 after the date of enactment of this Act and except 

8 as otherwise expressly provided by law— 

9 (A) no new construction or major renova10 tion may be undertaken on the headquarters; 

11 (B) a lease agreement for the headquarters 

12 may not be renewed; and 

13 (C) a new lease agreement for the head14 quarters may not be entered into. 

15 (c) COMPETITIVE BIDDING PROCESS FOR RELOCA16 TION OF HEADQUARTERS.— 

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

18 the date of enactment of this Act, the Administrator 

19 of General Services shall establish a process, in ac20 cordance with the requirements under paragraph 

21 (2), through which— 

22 (A) the head of an Executive agency may 

23 submit a request for the Administrator of Gen24 eral Services to issue a solicitation for the reloVerDate Sep 11 2014 17:29 May 17, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4197.IS S4197

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1 cation of the headquarters of the Executive 

2 agency; or 

3 (B) if determined necessary, the Adminis4 trator of General Services may issue a solicita5 tion for the relocation of the headquarters of an 

6 Executive agency. 

7 (2) REQUIREMENTS.—With respect to any so8 licitation issued for the relocation of the head9 quarters of an Executive agency under paragraph 

10 (1), the Administrator of General Services shall— 

11 (A) allow any State and any political sub12 division of a State to submit a proposal for the 

13 relocation of the headquarters of the Executive 

14 agency; 

15 (B) provide the public with notice and an 

16 opportunity to comment on any proposal sub17 mitted under subparagraph (A); and 

18 (C) in consultation with the head of the 

19 Executive agency, select a State, or a political 

20 subdivision of a State, for the relocation of the 

21 headquarters using a competitive bidding proce22 dure that considers— 

23 (i) the extent to which the relocation 

24 of the headquarters would impact the econVerDate Sep 11 2014 17:29 May 17, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4197.IS S4197

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1 omy and workforce development of a State 

2 or political subdivision of a State; 

3 (ii) whether a State, or a political sub4 division of a State, has expertise in car5 rying out activities substantially similar to 

6 the mission and goals of the Executive 

7 agency; and 

8 (iii) the extent to which the relocation 

9 of the headquarters to a State, or a polit10 ical subdivision of a State, would implicate 

11 national security interests. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

13 shall be construed to prohibit a political subdivision of the 

14 State of Maryland or the Commonwealth of Virginia that 

15 is located outside the Washington metropolitan area from 

16 submitting a proposal under subsection (c)(2)(A). 

17 (e) OFFSET ALLOWED.—The Administrator of Gen18 eral Services may use the proceeds from the sale of any 

19 Federal building or land to offset the cost of relocating 

20 the headquarters of an Executive agency. 

21 (f) NO ADDITIONAL FUNDS AUTHORIZED.—The Ad22 ministrator of General Services shall carry out this Act 

23 using amounts otherwise made available to the AdminisVerDate Sep 11 2014 17:29 May 17, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4197.IS S4197

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1 trator of General Services, and no additional amounts are 

2 authorized to be appropriated to carry out this Act. 

Æ 


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