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S. 2269: SWAMP Act


The text of the bill below is as of Jul 25, 2019 (Introduced).

Summary of this bill

Should more federal departments and agencies be situated outside the nation’s capital?

Context

Since 1947, federal law has required all agencies and departments be located in or around Washington, D.C.

But that may be changing slightly under the Trump Administration. The Agriculture Department announced in June that it would relocate two agencies to Kansas City, while the Interior Department announced in July that it would relocate one of its agencies to Colorado.

What the bill does

The SWAMP Act, or Strategic Withdrawal of Agencies for Meaningful Placement Act, would repeal the federal law requiring executive branch agencies be located in or around the nation’s capital. Presumably, it ...


II

116th CONGRESS

1st Session

S. 2269

IN THE SENATE OF THE UNITED STATES

July 25, 2019

introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To establish a competitive bidding process for the relocation of the headquarters of Executive agencies, and for other purposes.

1.

Short title

This Act may be cited as the Strategic Withdrawal of Agencies for Meaningful Placement Act of 2019 or the SWAMP Act.

2.

Relocation of headquarters of Executive agencies

(a)

Definitions

In this section:

(1)

Executive agency

The term Executive agency

(A)

has the meaning given the term in section 105 of title 5, United States Code; and

(B)

does not include—

(i)

the Executive Office of the President;

(ii)

the Department of Defense, including—

(I)

the Defense Intelligence Agency;

(II)

the National Security Agency; and

(III)

the National Geospatial-Intelligence Agency;

(iii)

the Department of Energy;

(iv)

the Department of Homeland Security;

(v)

the Department of State;

(vi)

the Office of the Director of National Intelligence; or

(vii)

the Central Intelligence Agency.

(2)

Headquarters

The term headquarters

(A)

means the place or building serving as the managerial and administrative center of an Executive agency; and

(B)

does not include an office that the head of an Executive agency may maintain separately from a place or building in the Washington metropolitan area.

(3)

State

The term State means each of the 50 States.

(4)

Washington metropolitan area

The term Washington metropolitan area means the geographic area located within the boundaries of—

(A)

the District of Columbia;

(B)

Montgomery and Prince George’s Counties in the State of Maryland; and

(C)

Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia.

(b)

Repeal of headquarters location requirement

Section 72 of title 4, United States Code, is repealed.

(c)

Prohibition on location of headquarters in Washington metropolitan area

With respect to a headquarters of an Executive agency that is located in the Washington metropolitan area as of the date of enactment of this Act, no new construction or major renovation may be undertaken, or lease agreement entered into or renewed, for the headquarters after the date of enactment of this Act, except as otherwise expressly provided by law.

(d)

Competitive bidding process for relocation of headquarters

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a process, in accordance with the requirements under paragraph (2), through which—

(A)

the head of an Executive agency may submit a request for the Administrator of General Services to issue a solicitation for the relocation of the headquarters of the Executive agency; or

(B)

if determined necessary, the Administrator of General Services may issue a solicitation for the relocation of the headquarters of an Executive agency.

(2)

Requirements

With respect to any solicitation issued for the relocation of the headquarters of an Executive agency under paragraph (1), the Administrator of General Services shall—

(A)

allow any State and any political subdivision of a State to submit a proposal for the relocation of the headquarters of the Executive agency;

(B)

provide the public with notice and an opportunity to comment on any proposal submitted under subparagraph (A); and

(C)

in consultation with the head of the Executive agency, select a State, or a political subdivision of a State, for the relocation of the headquarters using a competitive bidding procedure that considers—

(i)

the extent to which the relocation of the headquarters would impact the economy and workforce development of a State or political subdivision of a State;

(ii)

whether a State, or a political subdivision of a State, has expertise in carrying out activities substantially similar to the mission and goals of the Executive agency; and

(iii)

the extent to which the relocation of the headquarters to a State, or a political subdivision of a State, would implicate national security interests.

(e)

Rule of construction

Nothing in this Act shall be construed to prohibit a political subdivision of the State of Maryland or the Commonwealth of Virginia that is located outside the Washington metropolitan area from submitting a proposal under subsection (d)(2)(A).

(f)

Offset Allowed

The Administrator of General Services may use the proceeds from the sale of any Federal building or land to offset the cost of relocating the headquarters of an Executive agency.

(g)

No additional funds authorized

No additional funds are authorized to carry out this Act. This Act shall be carried out using amounts otherwise authorized.