DRAIN Act

To require Federal agencies not performing security functions to relocate throughout the United States by the beginning of fiscal year 2030. 1. Short title This Act may be cited as the Decentralize Regulatory Agencies, Include the Nation Act of 2018 DRAIN Act 2. Relocation of Federal nonsecurity agencies to locations outside the National Capital region (a) Definitions In this section— (1) the term Administrator (2) the term agency (A) means an Executive department (as defined in section 101 of title 5, United States Code) and an independent establishment (as defined in section 104 of title 5, United States Code); and (B) does not include the Government Accountability Office; (3) the term Director (4) the term local government (5) the term National Capital region (6) the term nonsecurity agency (7) the term security agency (A) for the Department of Defense; (B) for the Department of Homeland Security; or (C) for the Department of State, foreign operations, and related programs; and (8) the term State (b) Plan The Director and the Administrator shall jointly develop and implement a plan under which the headquarters of each nonsecurity agency that is not exempted under subsection (d) shall be relocated to a location outside the National Capital region by not later than the later of— (1) October 1, 2029; or (2) if applicable, the date on which the lease in effect on the date of enactment of this Act for the building in which the headquarters of the nonsecurity agency is located expires. (c) Determination of area for relocation (1) In general The plan under subsection (b) shall require that the location to which the headquarters of a nonsecurity agency shall be relocated be determined by the Director, the Administrator, and the head of the nonsecurity agency on a competitive basis, in accordance with this subsection. (2) Application A State or local government desiring that a nonsecurity agency relocate the headquarters of the nonsecurity agency to an area that is under the jurisdiction of the State or local government shall submit an application at such time, in such manner, and accompanied by such information as the Director and the Administrator shall jointly establish. (3) Priority The Director, the Administrator, and the head of the nonsecurity agency shall give priority to an application under this subsection proposing the headquarters of a nonsecurity agency be located in an area— (A) for which the rate of unemployment is higher than the average rate of unemployment in the United States, as determined by the Secretary of Labor; (B) with a nexus between the nonsecurity agency and the geographic area in which the nonsecurity agency regulates; or (C) with existing infrastructure to efficiently support the size and scope of the relocation of the headquarters of the nonsecurity agency. (4) Determination The location to which the headquarters of a nonsecurity agency shall be relocated shall be determined by a majority vote of the Director, the Administrator, and the head of the nonsecurity agency. (d) Exemptions (1) In general The President may exempt a nonsecurity agency from the requirement to relocate the headquarters of the nonsecurity agency if the President determines that the headquarters of the nonsecurity agency should remain in the current location. (2) Reporting If the President exempts a nonsecurity agency under paragraph (1), the President shall submit to Congress a report detailing the basis for the determination of the President that the headquarters of the nonsecurity agency should remain in the current location. (e) Conforming amendment Section 72 of title 4, United States Code, is amended by striking All offices Except as provided in the DRAIN Act (f) No additional funds authorized No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

Summary: Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs.