DRAIN THE SWAMP Act: 30% of DC Federal Workers Face Relocation, Office Space Slashed

The "Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act," also known as the "DRAIN THE SWAMP Act," aims to shake up the federal workforce. It mandates that within one year, at least 30% of headquarters employees of Executive agencies currently based in the Washington, D.C. area must be relocated to other agency offices. The bill also calls for a 30% reduction in headquarters office space within two years (SEC. 4). The stated goal is to decentralize government operations and boost local economies, particularly in rural areas (SEC. 3).

Shaking Up the Swamp: Who Moves, Who Stays?

This bill means a significant shift for many federal employees. Within a year of enactment, at least 30% of headquarters staff will be moved out of the D.C. area (SEC. 3). Their pay will be adjusted to reflect the local rates of their new duty stations, and full-time telework won't be an option for these relocated employees (SEC. 3). Agencies are required to consider geographic diversity, including rural areas, when choosing new locations. The bill also requires adequate staffing for in-person customer service, which could be a factor in relocation decisions (SEC. 3).

There are some exceptions. Employees with disabilities who have an accommodation to telework full-time are exempt from relocation (SEC. 3). Also, certain employees in national security roles are excluded from the definition of "employee" for the purposes of this Act (SEC. 2). Agencies must notify eligible employees and submit a detailed relocation plan to Congress within 180 days of the bill's enactment (SEC. 3).

For example, an IT specialist currently working at a federal agency headquarters in D.C. and earning a D.C. area salary might be relocated to a field office in, say, rural West Virginia. Their pay would be adjusted to the local West Virginia pay scale, and they would be required to work in the office. On the other hand, a program analyst with a disability who has a reasonable accommodation to telework full-time would not be required to relocate.

Real-World Ripple Effects

The DRAIN THE SWAMP Act could have significant impacts, both intended and unintended. For relocated employees, this could mean major life changes. While some might welcome a move to a lower-cost area, others could face challenges with uprooting families, finding new housing, and adjusting to a new community. The loss of full-time telework options might also be a significant drawback for some. It could also potentially cause an issue with employee retention, as those unwilling or unable to move could leave the agency.

The bill's impact extends beyond individual employees. Rural communities and other areas outside D.C. could see an economic boost from the influx of federal jobs. However, there could also be challenges associated with absorbing a large number of new residents, such as strain on housing and infrastructure. The requirement to reduce headquarters office space by 30% could lead to significant cost savings, but it could also create logistical challenges for agencies as they consolidate operations.

Overriding Rules and Limiting Challenges

Notably, the bill states that it supersedes any other law, collective bargaining agreement, or master labor agreement (SEC. 8). This means existing agreements between agencies and employee unions could be overridden by the provisions of this Act. This could lead to labor disputes and potentially impact employee morale.

Furthermore, the bill explicitly prohibits the creation of lawsuits by individuals or groups against any decisions or actions made under this law (SEC. 9). This limits the ability of employees or other stakeholders to challenge relocation decisions or other aspects of the Act's implementation. Essentially, if an agency decides to relocate you under this law, there's no legal recourse to challenge that decision based on this specific legislation.