DRAIN THE SWAMP Act
- Bill Number
- H.R. 1280
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-02-13: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-12-05T21:30:14Z
AI-Generated Summary
Purpose of the Legislation
The "Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act" (also known as the "DRAIN THE SWAMP Act") aims to decentralize operations of U.S. executive branch agencies by requiring the relocation of a significant portion of headquarters staff outside the Washington, D.C., metropolitan area. This is intended to promote geographic diversity in federal workforce placement, enhance regional staffing for better in-person services, reduce reliance on the Washington area for headquarters functions, and cut associated office space costs.
Key Provisions
- Employee Relocation Requirements:
- Within one year of enactment, each executive agency head must relocate at least 30% of headquarters employees (those based at the agency's main administrative center or full-time teleworkers paid at Washington-area rates) to duty stations outside the Washington metropolitan area.
- New duty stations must be spread across the agency's regions, prioritizing geographic diversity (including rural areas) and adequate regional staffing for customer service.
- Relocated employees' pay will adjust to the local pay rate (based on cost-of-living differences in their new area), and they cannot telework full-time (defined as 100% of workdays per pay period).
- Eligibility and Exceptions:
- All headquarters employees are generally eligible for relocation, except those with full-time telework accommodations under the Americans with Disabilities Act (ADA), a federal law protecting people with disabilities from discrimination. These excepted employees count toward the 30% quota but remain in place.
- Full-time teleworkers in the Washington area (not relocated and without ADA exceptions) must end full-time telework 180 days after the agency submits its required report.
- Reporting and Notification:
- Within 180 days of enactment, agencies must report to relevant congressional committees: total headquarters employees, eligible employees, planned relocations, exceptions, and implementation plans.
- Agencies notify eligible employees of relocation decisions before reporting, and selected employees receive 90 days' notice of their new duty station, pay adjustment, and telework restrictions (effective 90 days after notice).
- Office Space Reductions:
- The Office of Management and Budget (OMB) must issue guidance within 60 days directing a 30% reduction in federally owned or leased headquarters space.
- Reductions prioritize selling buildings and co-locating agency headquarters in fewer sites; agencies must start reductions within 180 days and complete them within two years.
- Budget Reporting:
- Starting with the next budget submission after enactment (and annually thereafter), agencies must include data on headquarters staff numbers, field/district/regional office staff, full-time teleworkers, and ADA telework accommodations.
- Other Measures:
- No relocation incentives (financial bonuses for moving) for employees whose official worksite shifts from home to headquarters.
- The Act supersedes conflicting laws, collective bargaining agreements (labor contracts between unions and agencies), and includes a severability clause (if one part is ruled invalid, the rest remains effective). It also bars private lawsuits challenging relocation decisions.
Significant Changes to Existing Law
- Overrides existing federal laws, labor agreements, and telework policies to mandate relocations and end full-time telework for many employees, which was previously flexible under laws like the Telework Enhancement Act.
- Introduces mandatory geographic dispersal and pay locality adjustments for relocated staff, differing from prior practices where headquarters roles were often Washington-centric with uniform pay scales.
- Excludes national security-related employees (e.g., from the CIA, NSA, or Defense Department intelligence agencies) and essential staff during funding lapses, preserving exemptions not explicitly required before.
- Requires new transparency in budget documents on workforce locations, expanding beyond current reporting under laws like the Federal Funding Accountability and Transparency Act.
Potential Impacts
- On Government Agencies: Agencies face logistical challenges and upfront costs for relocations and office consolidations, but could see long-term savings from reduced Washington-area real estate expenses. Regional offices may gain staffing, improving local service delivery, though initial disruptions could affect operations.
- On Citizens: People outside the Washington area, especially in rural or underserved regions, may benefit from closer access to federal services and in-person support. However, relocated employees might experience personal hardships, indirectly affecting service quality during transitions.
- On International Relations: Minimal direct impact, as the Act excludes national security agencies involved in foreign affairs; it focuses on domestic administrative decentralization.
Main Stakeholders Affected
- Executive Agency Employees: Headquarters staff (tens of thousands potentially) face mandatory moves, pay changes, and telework limits; ADA-protected workers are shielded.
- Agency Leadership and OMB: Responsible for planning, reporting, and executing relocations and space reductions.
- Federal Unions and Workers: Labor groups may oppose overrides of collective bargaining agreements, limiting negotiated protections.
- Congress: Receives reports and budget data, gaining oversight of decentralization efforts.
- Taxpayers and Regional Communities: Benefit from cost savings and job placements outside Washington, boosting local economies in dispersed areas.
Notable Legal, Constitutional, or Political Implications
- Legal: The Act's supersession of labor agreements and ban on private lawsuits could limit employee challenges, potentially raising due process concerns under the Fifth Amendment (which protects against unfair government actions). Exceptions for ADA compliance align with disability rights laws.
- Constitutional: Relocations might be contested if seen as infringing on property interests (e.g., job stability) without adequate notice or compensation, though the severability clause aims to protect the overall framework.
- Political: The "Drain the Swamp" title signals an intent to reduce perceived Washington bureaucracy, aligning with efforts to distribute federal power more evenly across the U.S., but it could spark partisan debates over federal workforce management and regional equity.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-02-13: Referred to the House Committee on Oversight and Government Reform.
- 2025-02-13: Introduced in House
- 2025-02-13: Introduced in House
Bill Versions
- Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act — issued 2025-02-13 — PDF (13 pages)