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
S. 5614 is a bill that says some government workers need to work in different places instead of staying in the main office in Washington, to make sure lots of different places have workers too. It also wants to use less office space and doesn't give extra money for moving.
Summary AI
S. 5614 is a bill that aims to decentralize federal government jobs by requiring that 30% of employees in each Executive agency's headquarters are relocated to offices outside the Washington metropolitan area. This move intends to enhance geographic diversity and ensure adequate staffing across various regions. It also requires reducing the real estate that serves as headquarters by 30% and promotes co-locating agency offices. The act prohibits the payment of relocation incentives and does not provide any private recourse for challenging decisions made under its provisions.
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AnalysisAI
General Summary of the Bill
The proposed legislation, referred to as the "DRAIN THE SWAMP Act," aims to decentralize federal government operations by requiring executive agencies to relocate 30% of their headquarters employees to locations outside the Washington metropolitan area. This initiative seeks to distribute agency operations more evenly across the country to enhance efficiency and management practices. The bill includes definitions for key terms, stipulates requirements for employee relocation and reduction of office space, and outlines necessary reporting and implementation steps.
Summary of Significant Issues
Several issues arise from the bill:
Employee Relocation: The mandate to move 30% of agency headquarters employees could create significant disruptions. Families may face upheavals, and agencies might incur increased logistical costs.
Telework Clause: The bill prohibits relocated employees from teleworking full-time, potentially conflicting with modern work trends that favor flexibility and might decrease worker satisfaction.
Office Space Reduction: A directive to reduce office space by 30% within a short timeframe may lead to logistical challenges, including potential overcrowding and increased costs associated with disposing of properties.
Definitions and Clarity: The bill uses broad terms that lack proper clarification. This ambiguity might lead to inconsistencies in how agencies apply its requirements.
Legal and Financial Concerns: The bill states that there is no avenue for private individuals to challenge decisions made under this legislation. Additionally, the lack of relocation incentives places financial strain on employees asked to move.
Impact on the Public
The broader public could see changes in how they interact with federal services spread more evenly across the nation rather than concentrated in Washington, D.C. This could improve accessibility for those living far from the capital, but the transition may result in temporary disruptions as agencies readjust.
Impact on Stakeholders
Government Agencies: Employees face uncertainty due to potential relocations, which could result in workforce dissatisfaction and administrative deficits if not managed well. Agencies may encounter operational challenges and increased costs.
Government Employees: Those affected by relocations will face significant personal and financial impacts, particularly as no relocation incentives are provided. The inability to telework could further strain employee resources and morale.
General Public: While decentralization could eventually improve the efficiency of federal services, the initial period might see inefficiencies as agencies adjust to redistributed operations.
In conclusion, while the bill aims to decentralize government functions for broader engagement and potentially more efficient operations, the path outlined in the bill could lead to significant disruptions and hardships for employees and may have unintended financial and logistical implications for federal agencies.
Issues
The mandate to relocate 30% of headquarters employees outside the Washington metropolitan area (Section 3) could lead to significant operational disruptions and increased logistical costs. This mandate imposes a tight timeline that doesn't consider the complex personal and professional impact on the employees and families affected.
The requirement in Section 3(a)(2) that relocated employees cannot telework full-time seems to contradict modern telework trends and could result in decreased worker satisfaction and productivity, especially in light of emerging post-pandemic work models.
The reduction in headquarters office space by 30% as stipulated in Section 4 might cause logistical challenges, potential overcrowding, and could lead to financial losses if not managed properly due to unclear directions on handling property sales or lease terminations.
The legislation's use of terms without adequate definitions or clarifications, such as in Section 8 about 'supersession', could create conflicts with existing laws or agreements, particularly those related to collective bargaining agreements, raising significant legal concerns.
Section 9's exclusion of a private cause of action could limit recourse for those negatively impacted by the Act's provisions, potentially reducing government accountability and limiting checks on administrative decisions.
The broad and potentially ambiguous definitions in Section 2, such as those for 'rural' and 'headquarters of the Executive agency', may lead to inconsistent interpretations and applications of the policy.
The lack of relocation incentives as noted in Section 6 might financially disadvantage employees who bear the cost of mandatory relocations, thereby creating financial strain.
The timeline for reporting and implementation is extremely tight (Sections 3 and 4), posing risks to thorough planning and execution by the agencies, which might result in inefficient or rushed decisions.
The use of the politically charged acronym 'DRAIN THE SWAMP Act' as noted in Section 1 could be perceived as partisan, which might detract from the bill's neutral presentation and hinder bipartisan support.
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 provides definitions for terms used in the bill, such as "employee," "Executive agency," "telework," and more. It explains that an "Executive agency" is an agency in the executive branch of the U.S. Government, and describes how an "employee" does not include those performing essential functions during funding lapses. It also defines concepts like the "Washington metropolitan area," "pay locality," and what it means to "telework on a full-time basis."
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
Under this law, individuals are not allowed to sue or legally challenge any choices or actions made because of this Act.