II 118th CONGRESS 1st Session S. 2612 IN THE SENATE OF THE UNITED STATES July 27, 2023 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. Short title This Act may be cited as the Strategic Withdrawal of Agencies for Meaningful Placement Act of 2023 or the SWAMP Act of 2023 . 2. Relocation of headquarters of Executive agencies (a) Definitions In this section: (1) Executive agency The term Executive agency — (A) has the meaning given the term in section 105 of title 5, United States Code; and (B) does not include— (i) the Executive Office of the President; (ii) the Department of Defense, including— (I) the Defense Intelligence Agency; (II) the National Security Agency; and (III) the National Geospatial-Intelligence Agency; (iii) the Department of Energy; (iv) the Department of Homeland Security; (v) the Department of State; (vi) the Office of the Director of National Intelligence; or (vii) the Central Intelligence Agency. (2) Headquarters The term headquarters — (A) means the place or building serving as the managerial and administrative center of an Executive agency; and (B) does not include an office that the head of an Executive agency may maintain separately from a place or building in the Washington metropolitan area. (3) State The term State means each of the 50 States. (4) Washington metropolitan area The term Washington metropolitan area means the geographic area located within the boundaries of— (A) the District of Columbia; (B) Montgomery and Prince George’s Counties in the State of Maryland; and (C) Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia. (b) Prohibition on location of headquarters in Washington metropolitan area (1) In general Subject to paragraph (2), the headquarters of an Executive agency may not be located in the Washington metropolitan area. (2) Exception Subject to paragraph (3), the headquarters of an Executive agency located in the Washington metropolitan area on the date of enactment of this Act may remain in the Washington metropolitan area. (3) Condition With respect to the headquarters of an Executive agency that remains in the Washington metropolitan area under paragraph (2), after the date of enactment of this Act and except as otherwise expressly provided by law— (A) no new construction or major renovation may be undertaken on the headquarters; (B) a lease agreement for the headquarters may not be renewed; and (C) a new lease agreement for the headquarters may not be entered into. (c) Competitive bidding process for relocation of headquarters (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a process, in accordance with the requirements under paragraph (2), through which— (A) the head of an Executive agency may submit a request for the Administrator of General Services to issue a solicitation for the relocation of the headquarters of the Executive agency; or (B) if determined necessary, the Administrator of General Services may issue a solicitation for the relocation of the headquarters of an Executive agency. (2) Requirements With respect to any solicitation issued for the relocation of the headquarters of an Executive agency under paragraph (1), the Administrator of General Services shall— (A) allow any State and any political subdivision of a State to submit a proposal for the relocation of the headquarters of the Executive agency; (B) provide the public with notice and an opportunity to comment on any proposal submitted under subparagraph (A); and (C) in consultation with the head of the Executive agency, select a State, or a political subdivision of a State, for the relocation of the headquarters using a competitive bidding procedure that considers— (i) the extent to which the relocation of the headquarters would impact the economy and workforce development of a State or political subdivision of a State; (ii) whether a State, or a political subdivision of a State, has expertise in carrying out activities substantially similar to the mission and goals of the Executive agency; and (iii) the extent to which the relocation of the headquarters to a State, or a political subdivision of a State, would implicate national security interests. (d) Rule of construction Nothing in this Act shall be construed to prohibit a political subdivision of the State of Maryland or the Commonwealth of Virginia that is located outside the Washington metropolitan area from submitting a proposal under subsection (c)(2)(A). (e) Offset allowed The Administrator of General Services may use the proceeds from the sale of any Federal building or land to offset the cost of relocating the headquarters of an Executive agency. (f) No additional funds authorized The Administrator of General Services shall carry out this Act using amounts otherwise made available to the Administrator of General Services, and no additional amounts are authorized to be appropriated to carry out this Act.