DRAIN THE SWAMP Act Forces Federal Employee Relocation, Cuts D.C. Office Space by 30%

The "Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act," a.k.a, the "DRAIN THE SWAMP Act," is shaking things up for federal employees, especially those working in Washington D.C. This new law mandates that Executive agencies move a significant chunk of their workforce out of the capital and slash office space.

Relocation, Relocation, Relocation

Within a year, at least 30% of headquarters employees—those whose main office is in the D.C. metro area or who telework full-time and are paid the D.C. rate—will be relocated. (SEC. 3). "Headquarters employee" is anyone who works at the agency's main administrative center. (SEC. 2). These employees will be moved to other agency offices across the country, and their pay will be adjusted to match their new location's cost of living. Full-time telework is off the table for these relocated employees. (SEC. 3). The only exception is for employees who require full-time telework as a reasonable accommodation for a disability under the Americans with Disabilities Act. (SEC. 3).

Imagine a software developer currently working remotely for a federal agency in D.C., making a D.C. salary. Under this law, they could be required to move to, say, rural Alabama, and their salary would be adjusted to reflect Alabama's lower cost of living. Or picture a policy analyst working at an agency's D.C. headquarters. They might find themselves packing their bags for a regional office in, say, Denver, with a similar pay adjustment.

Agencies have between 60 and 90 days after submitting their relocation plan to Congress to inform affected employees. Those employees then have 90 days to relocate, report to the new duty station, and adjust to a new pay rate. (SEC. 3). For full-time teleworkers in the D.C. area, the clock is also ticking. Unless they have a disability accommodation, they'll no longer be authorized to telework full-time 180 days after the agency submits its report. (SEC. 3).

Shrinking Footprints and Shifting Landscapes

But it's not just about moving people; it's also about shrinking office space. The Act directs the Office of Management and Budget (OMB) to issue a memo within 60 days, ordering Executive agencies to reduce their D.C. headquarters office space—whether owned or leased—by at least 30%. (SEC. 4). Agencies must begin this reduction within 180 days of the Act's passage and complete it within two years. (SEC. 4). The law prioritizes getting rid of buildings altogether and consolidating agency headquarters in fewer locations. (SEC. 4).

This could mean a significant reshuffling of the federal real estate landscape in D.C. Think of large federal buildings being sold off, potentially impacting the local real estate market and the businesses that rely on those federal workers. For employees who remain in D.C., it could mean tighter workspaces and more competition for resources.

The Fine Print - and Potential Problems

There are a few other key things to note:

• Reporting Requirements: Agencies now have to include detailed employee information in their budget requests to Congress, including the number of headquarters employees, field office employees, full-time teleworkers, and employees with disability accommodations. (SEC. 5). This is likely intended to increase transparency, but it also adds another layer of reporting for agencies.
• No Relocation Incentives: If an employee's worksite changes from their home to the agency's headquarters because of this Act, they won't receive any relocation incentives. (SEC. 6).
• Supersedes Existing Agreements: This Act overrides any other conflicting laws, collective bargaining agreements, or master labor agreements. (SEC. 8). This could lead to clashes with unions and potentially undermine existing worker protections. This is a big deal that may cause significant issues among federal workers and their unions.
• No Lawsuits: Perhaps most significantly, the Act explicitly states that no one can sue to challenge any decisions or actions taken under it. (SEC. 9). This limits accountability and leaves employees with little recourse if they believe the law is being implemented unfairly.

The DRAIN THE SWAMP Act is a major shake-up of the federal workforce, with potentially far-reaching consequences for employees, agencies, and the D.C. area. While it aims to decentralize government and potentially save taxpayer money, the practical implications and potential for disruption are substantial.