,,ii  #aaith ,,congress  #ast ,session  
,s4 #bc  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #g1         
#bjbe,ms4 ,ernst introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to require the head of each 
,executive agency to relocate #cj       
percent of the employees assigned to the
 headquarters of the ,executive agency  
to duty stations outside the ,washington
 metropolitan area1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,decentralizing and 
,reorganizing ,agency ,infrastructure   
,nation-wide ,to ,harness ,efficient    
,services1 ,workforce ,administration1  
and ,management ,practices ,act or the  
,,drain ,,the ,,swamp ,act4  #b4        
,definitions ,in this ,act3 7#a7 ,budget
 justification materials ,the term      
budget justification materials has the  
meaning given that term in section      
#c7;b77#b77;,a7 of the ,federal ,funding

 ,accountability and ,transparency ,act 
of #bjjf 7#ca ,u4,s4,c4 #faja note74    
7#b7 ,employee ,the term employee-- 7,a7
 has the meaning given that term in     
section #baje of title #e1 ,united      
,states ,code2 and  7,b7 does not       
include an individual who-- 7i7 in the  
event of a lapse in appropriations1     
would be an excepted employee and exempt
 from the limitation on voluntary       
services under section #acdb of title   
#ca1 ,united ,states ,code1 because the 
duties of the position in which the     
individual is serving are performing    
mission-essential functions of the      
,executive agency employing the         
individual that are necessary for       
purposes of defending the ,united       
,states against imminent threats2 and   
7ii7 is serving in a position within--  
7,i7 the ,executive ,office of the      
,president2 or  7,,ii7 a component1 the 
mission of which is related to national 
security1 of-- 7aa7 the ,department of  
,defense1 including-- 7,,aa7 the        

,defense ,intelligence ,agency2 7,,bb7  
the ,national ,security ,agency2 and    
7,,cc7 the ,national                    
,geospatial-,intelligence ,agency2  7bb7
 the ,department of ,energy2  7cc7 the  
,department of ,homeland ,security2     
7dd7 the ,office of the ,director of    
,national ,intelligence2 or  7ee7 the   
,central ,intelligence ,agency4  7#c7   
,executive agency ,the term ,executive  
agency means an agency1 as defined in   
section #eea of title #e1 ,united       
,states ,code1 that is in the executive 
branch of the ,government4  7#d7        
,headquarters employee of an ,executive 
agency ,the term headquarters employee  
of an ,executive agency means-- 7,a7 an 
employee of an ,executive agency whose  
permanent duty station is at the        
headquarters of the ,executive agency2  
or  7,b7 an employee of an ,executive   
agency-- 7i7 who teleworks on a         
full-time basis2 and  7ii7 whose rate of
 pay is calculated based on the         
,washington metropolitan area rate of   

pay4  7#e7 ,headquarters of the         
,executive agency ,the term headquarters
 of the ,executive agency1 with respect 
to an ,executive agency1 means the      
building serving as the principal       
managerial and administrative center of 
the ,executive agency4  7#f7 ,pay       
locality ,the term pay locality has the 
meaning given that term in section #ecjb
 of title #e1 ,united ,states ,code4    
7#g7 ,rural ,the term rural means any   
area that is not designated as an urban 
area1 based on the most recent data     
available from the ,bureau of the       
,census4  7#h7 ,telework ,the term      
telework has the meaning given that term
 in section #feja of title #e1 ,united  
,states ,code4  7#i7 ,telework on a     
full-time basis ,the term telework on a 
full-time basis means that an employee  
is authorized to telework for #ajj      
percent of the work days of the employee
 per pay period4  7#aj7 ,washington     
metropolitan area ,the term ,washington 
metropolitan area means the geographic  

area to which the ,washington           
metropolitan area rate of pay applies4  
7#aa7 ,washington metropolitan area rate
 of pay ,the term ,washington           
metropolitan area rate of pay means the 
rate of pay in effect for the pay       
locality designated as                  
,washington-,baltimore-,arlington1      
,,dc-,,md-,,va-,,wv-,,pa4  #c4          
,relocation of employees  7a7 ,in       
general ,notwithstanding any other      
provisions of law1 and not later than #a
 year after the date of enactment of    
this ,act1 the head of each ,executive  
agency shall-- 7#a7 change the permanent
 duty station of not less than #cj      
percent of the headquarters employees of
 the ,executive agency1 as of the date  
of enactment of this ,act1 to be at an  
office of the ,executive agency at a    
location outside the ,washington        
metropolitan area1 which shall be at    
locations throughout the regions of the 
,executive agency2 and  7#b7 for each   
employee of the ,executive agency whose 

permanent duty station is changed under 
paragraph 7#a71 ensure that-- 7,a7 the  
rate of pay of the employee is          
calculated based on the pay locality for
 the permanent duty station of the      
employee2 and  7,b7 the employee is not 
authorized to telework on a full-time   
basis4  7b7 ,determination of new duty  
stations ,the head of each ,executive   
agency shall1 in determining the        
permanent duty stations of headquarters 
employees of the ,executive agency under
 subsection 7a7-- 7#a7 promote          
geographic diversity1 including         
consideration of rural markets2 and     
7#b7 ensure adequate staffing throughout
 the regions of the ,executive agency1  
to promote in-person customer service4  
7c7 ,determination of employees eligible
 for a change in duty station  7#a7 ,in 
general ,except as provided in paragraph
 7#b71 the head of each ,executive      
agency shall include each headquarters  
employee of the ,executive agency as    
eligible for a change in permanent duty 

station under subsection 7a74  7#b7     
,exception ,a headquarters employee of  
an ,executive agency who is a qualified 
individual who receives an accommodation
 to telework on a full-time basis as a  
reasonable accommodation under title ,i 
of the ,americans with ,disabilities    
,act of #aiij 7#db ,u4,s4,c4 #abaaa et  
seq47-- 7,a7 shall not be determined to 
be eligible for a change in permanent   
duty station under subsection 7a72 and  
7,b7 shall be counted as a headquarters 
employee of the ,executive agency for   
purposes of complying with subsection   
7a77#a74  7#c7 ,notice of determination 
of eligibility ,not later than the day  
before the date on which the head of an 
,executive agency submits the report    
required under subsection 7d71 the head 
of the ,executive agency shall notify   
each headquarters employee of the       
,executive agency who the head of the   
,executive agency determines is eligible
 for a change in permanent duty station 
under subsection 7a7 of that            

determination4  7d7 ,report ,not later  
than #ahj days after the date of        
enactment of this ,act1 the head of each
 ,executive agency shall submit to each 
committee of the ,senate or the ,house  
of ,representatives with jurisdiction of
 #a or more programs1 projects1 or      
activities of the ,executive agency a   
report that provides-- 7#a7 the number  
of headquarters employees of the        
,executive agency1 as of the date of    
enactment of this ,act2  7#b7 the number
 of headquarters employees of the       
,executive agency identified as eligible
 for a change in permanent duty station1
 in accordance with subsection 7c72     
7#c7 the number of headquarters         
employees of the ,executive agency whose
 permanent duty station will be changed 
to be at an office of the ,executive    
agency at a location outside the        
,washington metropolitan area under     
subsection 7a72  7#d7 the number of     
headquarters employees of the ,executive
 agency subject to an exception under   

subsection 7c77#b72 and  7#e7 the plan  
of the head of the ,executive agency to 
implement subsection 7a74  7e7          
,implementation  7#a7 ,in general ,not  
earlier than #fj days1 and not later    
than #ij days1 after the date on which  
the head of an ,executive agency submits
 the report required under subsection   
7d71 the head of the ,executive agency  
shall notify each headquarters employee 
of the ,executive agency whose permanent
 duty station will be changed to be at  
an office of the ,executive agency      
located outside the ,washington         
metropolitan area under subsection 7a7--
 7,a7 that1 effective #ij days after the
 date of the notification-- 7i7 the     
permanent duty station of the employee  
shall be changed2  7ii7 the rate of pay 
of the employee shall be calculated     
based on the pay locality for such      
permanent duty station2 and  7iii7 the  
employee shall not be authorized to     
telework on a full-time basis2 and  7,b7
 of the location of such permanent duty 

station4  7#b7 ,full-time teleworkers   
remaining in the washington metropolitan
 area  7,a7 ,in general ,for any        
employee described in subparagraph 7,b71
 effective on the date that is #ahj days
 after the date on which the head of the
 ,executive agency employing the        
employee submits the report required    
under subsection 7d71 the employee shall
 not be authorized to telework on a     
full-time basis4  7,b7 ,employees       
covered ,an employee described in this  
subparagraph is a headquarters employee 
of an ,executive agency-- 7i7 who       
teleworks on a full-time basis1 as of   
the date of enactment of this ,act2     
7ii7 who is not subject to an exception 
under subsection 7c77#b72 and  7iii7    
whose permanent duty station is not     
changed to be an office of the          
,executive agency at a location outside 
the ,washington metropolitan area under 
subsection 7a74  #d4 ,reduction in      
headquarters office space  7a7 ,in      
general ,not later than #fj days after  

the date of enactment of this ,act1 the 
,director of the ,office of ,management 
and ,budget shall-- 7#a7 issue a        
memorandum directing that the amount of 
real property serving as the            
headquarters of an ,executive agency    
that is owned or leased by the ,federal 
,government be reduced by not less than 
#cj percent2 and  7#b7 in identifying   
property to be sold or for which a lease
 is to be terminated or not renewed1    
prioritize-- 7,a7 the disposal of       
buildings2 and  7,b7 co-locating the    
headquarters of ,executive agencies in  
as few locations as practicable4  7b7   
,implementation ,if the head of an      
,executive agency is directed to reduce 
office space under the memorandum issued
 under subsection 7a71 the head of the  
,executive agency shall-- 7#a7 begin    
reducing office space in accordance with
 the memorandum not later than #ahj days
 after the date of enactment of this    
,act2 and  7#b7 complete the reduction  
of office space in accordance with the  

memorandum not later than #b years after
 the date of enactment of this ,act4    
#e4 ,information included in budget     
justification materials provided to     
congress ,the head of each ,executive   
agency shall include in the first budget
 justification materials of the         
,executive agency submitted after the   
date of enactment of this ,act1 and the 
budget justification materials of the   
,executive agency for each fiscal year  
thereafter-- 7#a7 the number of         
headquarters employees of the ,executive
 agency2  7#b7 the number of employees  
of the ,executive agency assigned to a  
permanent duty station in-- 7,a7 a field
 office of the ,executive agency2  7,b7 
a district office of the ,executive     
agency2 or  7,c7 a regional office of   
the ,executive agency2  7#c7 the number 
of employees of the ,executive agency   
who telework on a full-time basis2 and  
7#d7 the number of employees of the     
,executive agency who are a qualified   
individual who receives an accommodation

 to telework on a full-time basis as a  
reasonable accommodation under title ,i 
of the ,americans with ,disabilities    
,act of #aiij 7#db ,u4,s4,c4 #abaaa et  
seq474  #f4 ,no relocation incentives   
,if1 pursuant to this ,act1 the official
 worksite 7as defined in section        
#eca4fje of title #e1 ,code of ,federal 
,regulations7 of an employee changes    
from the residence of the employee to   
the headquarters of the ,executive      
agency of the employee1 notwithstanding 
any other provision of law1 no such     
employee shall be paid any relocation   
incentive4  #g4 ,severability ,if any   
provision of this ,act or the           
application of such provision to any    
person or circumstance is held to be    
unconstitutional1 the remainder of this 
,act and the application of the         
provision to any other person or        
circumstance shall not be affected      
thereby4  #h4 ,supersession ,this ,act  
shall supersede any other provision of  
law and any provision of a collective   

bargaining agreement or master labor    
agreement4  #i4 ,no private cause of    
action ,nothing in this ,act shall be   
construed to establish a private cause  
of action1 equitable or otherwise1 to   
challenge any selection1 change1 or     
decision made1 or action taken1 under   
this ,act4