Overview
Title
To require the head of each Executive agency to relocate 30 percent of the employees assigned to the headquarters of the Executive agency to duty stations outside the Washington metropolitan area, and for other purposes.
ELI5 AI
The “DRAIN THE SWAMP Act” wants some government workers who usually work in Washington, D.C. to move and work from different cities around the country, making sure government work is spread out more. It also means they can't get paid extra to move, and they won't be allowed to sue if they're unhappy about changes.
Summary AI
H.R. 10517, known as the “DRAIN THE SWAMP Act,” requires Executive agencies to move 30% of their headquarters employees to locations outside the Washington metropolitan area within a year. This aims to increase geographic diversity and improve customer service by distributing government jobs more widely across the country. The bill also mandates a significant reduction in office space at agency headquarters to reflect the decrease in employees at those locations. Additionally, it prevents employees from receiving relocation incentives and clarifies that no private lawsuits can be brought under this law.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The bill, labeled H.R. 10517, colloquially titled the "DRAIN THE SWAMP Act," aims to decentralize federal government operations by relocating a portion of executive agency employees out of the Washington metropolitan area. Specifically, it mandates that 30% of headquarters staff be moved to new duty stations across the country, while also reducing federal headquarters office space by the same percentage. The bill sets forth strict timelines for implementation and emphasizes promoting geographic diversity, with an eye on benefiting rural areas.
Summary of Significant Issues
Several key issues arise from this legislative proposal, including potential cost implications, logistical challenges, and the treatment of employees. The relocation of employees and office space must occur within a tightly defined timeframe, potentially leading to significant costs and operational disruptions. Further, the prohibition of full-time telework for relocated employees could impede efforts to maintain flexibility in modern work environments. Notably, the bill's language around "no relocation incentives" raises concerns about the financial burden on employees compelled to relocate. Additionally, the bill's broad overriding of existing laws and agreements brings about significant legal ambiguities.
Impact on the Public Broadly
For the public, this bill potentially seeks to distribute government presence and resources more evenly across the United States, potentially boosting local economies, particularly in rural areas. By decentralizing the concentration of federal jobs from Washington, D.C., the bill could stimulate job growth and development in underserved regions. However, the promised benefits may face hurdles if the implementation leads to inefficiencies or operational bottlenecks. Additionally, the lack of a clear mechanism to monitor or report the effectiveness of relocations poses risks of unintended consequences that might affect public service delivery.
Impact on Specific Stakeholders
Government Employees
For government employees, the bill presents both opportunities and challenges. Employees may find new professional and personal opportunities in new locations but may also face disruptions due to relocation without financial incentives. The restriction against full-time teleworking can impact work-life balance and may impede recruitment and retention efforts, especially among younger or more adaptable segments of the workforce accustomed to remote work.
Executive Agencies
Executive agencies must undergo significant structural changes and make substantial logistical adjustments to accommodate relocations and office space reductions. The time constraints for implementation could strain resources and may result in fragmented service delivery during the transition period. Agencies will need to carefully navigate the challenges of maintaining service standards while adhering to the requirements of the bill.
Legal and Political Landscape
The bill's political overtones, encapsulated in its title, could polarize public opinion and lead to contentious debates on the role and location of federal agencies. Furthermore, the lack of clarity in the bill's supersession clause poses risks of legal challenges, potentially complicating its enforceability and leading to conflicts with existing laws or agreements, particularly in labor and employment scenarios.
In summary, while the bill aspires to decentralize and streamline federal operations, it must contend with myriad complex issues that could hinder its potentials, such as unintended financial burdens on employees, logistical challenges for government agencies, and ambiguous legal mandates. The balance between achieving policy objectives and safeguarding stakeholder interests will be critical in determining the bill's success.
Issues
The requirement to relocate 30% of headquarters employees outside the Washington metropolitan area (Section 3) might lead to increased costs for moving and potential disruptions in existing operations. This could be a significant financial and operational concern for affected agencies.
The stipulation in Section 3 that relocated employees cannot telework on a full-time basis may limit flexibility and contradict modern teleworking trends, especially in a post-pandemic world where remote work has become more common.
The mandate in Section 4 to reduce office space by 30% may lead to logistical challenges such as overcrowding or increased costs due to forced relocations or consolidations, which could affect agency operations negatively.
Section 6's language specifying 'no relocation incentives' might leave financially disadvantaged employees without support during relocation, potentially raising ethical concerns about employee welfare.
Section 8's broad language regarding 'supersession' without specifying the laws or agreements being superseded creates ambiguity and may conflict with existing laws or collective bargaining agreements, raising significant legal implications.
The Act's use of 'Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act' or 'DRAIN THE SWAMP Act' (Section 1) may be seen as politically charged and potentially misleading, which could lead to public controversy.
The section on severability (Section 7) notes that if any provision is found unconstitutional, the remainder of the Act remains unaffected, which may lead to partial invalidation without affecting the broader objectives of the Act, an important legal consideration.
The section on 'No private cause of action' (Section 9) limits the ability to challenge decisions made under the Act, potentially reducing accountability and oversight in ways that could be concerning for those affected by the Act.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act states its short title, which is the “DRAIN THE SWAMP Act.” This is an abbreviation for the longer title that addresses the aim of decentralizing and reorganizing government agency infrastructure to improve services and management practices.
2. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to government budgeting and employment, such as "employee," "Executive agency," "headquarters employee," and "telework." It specifies what is meant by different terms like "rural," "Washington metropolitan area," and how pay is determined for certain positions within federal agencies.
3. Relocation of employees Read Opens in new tab
Summary AI
The bill requires each Executive agency to relocate at least 30% of their headquarters staff to offices outside the Washington metropolitan area within one year and ensure these employees cannot telework full-time. Exceptions are made for employees with disabilities who need telework as a reasonable accommodation. Agencies must report their plans and provide notifications to affected employees.
4. Reduction in headquarters office space Read Opens in new tab
Summary AI
The bill requires the Director of the Office of Management and Budget to instruct a 30% reduction in federal headquarters office space within 60 days, by prioritizing selling or ending leases of government-owned properties and combining agency offices. Agency leaders must start this reduction within 180 days and complete it within two years of the bill's enactment.
5. Information included in budget justification materials provided to congress Read Opens in new tab
Summary AI
The section requires the head of each Executive agency to include specific details in their budget reports to Congress starting in fiscal year 2026. They must report the number of employees at headquarters, those working at field, district, or regional offices, and full-time teleworkers, including those teleworking as a reasonable accommodation under the Americans with Disabilities Act.
6. No relocation incentives Read Opens in new tab
Summary AI
If an employee's official worksite is changed from their home to their agency's headquarters, they will not receive any relocation incentives under this Act, even if other laws suggest they might.
7. Severability Read Opens in new tab
Summary AI
If any part of this Act is found to be unconstitutional, the rest of the Act remains in effect, and the unconstitutional part is not applied to other people or situations.
8. Supersession Read Opens in new tab
Summary AI
This section explains that the Act will take precedence over any other laws or agreements, including collective bargaining or master labor agreements, which might otherwise apply.
9. No private cause of action Read Opens in new tab
Summary AI
This section explains that the Act does not allow individuals to sue or challenge decisions that are made under it.