S. 23 — DRAIN THE SWAMP Act

This section establishes the short title of the Act as the “Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act” or the “DRAIN THE SWAMP Act”.

This section defines 11 terms for purposes of the Act, including "employee," which excludes personnel in the Executive Office of the President or specified national security components (e.g., Defense Intelligence Agency, National Security Agency, Central Intelligence Agency) who perform mission-essential functions defending against imminent threats and thus are excepted from voluntary services restrictions under 31 U.S.C. 1342 during lapses in appropriations; "headquarters employee of an Executive agency," meaning employees with a permanent duty station at agency headquarters or full-time teleworkers paid at Washington metropolitan area rates; and "telework on a full-time basis," meaning authorization to telework 100% of work days per pay period.

This section requires the head of each executive agency, not later than one year after enactment, to change the permanent duty station of at least 30% of the agency's headquarters employees (as of enactment) to agency offices outside the Washington metropolitan area throughout the agency's regions, with pay calculated based on the new locality pay rate and no full-time telework authorized for those employees. Agencies must promote geographic diversity (including rural areas) and adequate regional staffing for in-person customer service in selecting locations and employees, deeming all headquarters employees eligible except those receiving full-time telework accommodations under the Americans with Disabilities Act (who count toward the 30% threshold but are not relocated). Agencies must submit a report to relevant congressional committees not later than 180 days after enactment detailing headquarters employee numbers, eligible employees, planned relocations, exceptions, and an implementation plan; notify eligible employees of their status beforehand; and, 60-90 days after the report, notify relocatees that changes (including pay and telework restrictions) take effect 90 days later. The section further terminates full-time telework authorization, effective 180 days after the report, for any non-excepted headquarters employees who full-time telework as of enactment and remain in the Washington metropolitan area.

This section directs the Director of the Office of Management and Budget, not later than 60 days after enactment, to issue a memorandum requiring each executive agency to reduce by at least 30% the federal real property (owned or leased) used as its headquarters, prioritizing the disposal of buildings and co-location of headquarters in as few locations as practicable. Agency heads must begin reductions not later than 180 days after enactment and complete them not later than two years after enactment.

This section requires the head of each executive agency to include in budget justification materials submitted to Congress after enactment of this Act, and for each fiscal year thereafter, (1) the number of headquarters employees; (2) the number of employees assigned to a permanent duty station in a field, district, or regional office; (3) the number of full-time teleworking employees; and (4) the number of qualified individuals receiving full-time telework as a reasonable accommodation under title I of the Americans with Disabilities Act.

This section prohibits payment of any relocation incentive to a federal employee whose official worksite changes from the employee's residence to the headquarters of the employee's executive agency pursuant to this Act, notwithstanding any other provision of law. (Relocation incentives, authorized under 5 U.S.C. § 5753, are payments of up to 25% of annual basic pay to facilitate employee relocation for agency needs.)

This section provides a severability clause, stating that if any provision of the Act or its application to any person or circumstance is held unconstitutional, the remainder of the Act and the application of the provision to other persons or circumstances remains unaffected.