S.23 - Decentralizing and Reorganizing Agency Infrastructure Nation-wide To Harness Efficient Services, Workforce Administration, and Management Practices Act; DRAIN THE SWAMP Act (119th Congress)
Summary
S.23, also known as the DRAIN THE SWAMP Act, mandates that each Executive agency relocate 30% of its headquarters employees outside the Washington metropolitan area within one year. This bill also requires a reduction in headquarters office space by 30% and prohibits relocation incentives for employees whose official worksite changes from their residence to the agency headquarters.
The Act defines key terms such as 'employee,' 'Executive agency,' and 'Washington metropolitan area' to ensure clarity in implementation. It also includes exceptions for certain employees, particularly those involved in national security and those with disabilities requiring full-time telework.
The bill aims to decentralize government operations, promote geographic diversity, and reduce costs associated with maintaining a large presence in the Washington, D.C. area.
Expected Effects
The immediate effect of this bill would be a significant shift in the geographic distribution of federal employees. This shift would lead to changes in local economies and potentially affect the efficiency of government operations.
Long-term, the bill could result in cost savings through reduced office space and lower pay rates in different localities. It might also impact the quality of government services and the ability of agencies to attract and retain talent.
Additionally, the bill mandates increased transparency through budget justification materials, providing Congress with more detailed information about agency staffing and locations.
Potential Benefits
- Geographic Diversity: Promotes a wider distribution of federal jobs across the country, potentially boosting local economies outside the Washington metropolitan area.
- Cost Savings: Reducing headquarters office space and adjusting pay based on locality could lead to significant cost savings for taxpayers.
- Improved Customer Service: Ensuring adequate staffing throughout the regions of the Executive agency promotes in-person customer service.
- Transparency: Requires agencies to report on the number of headquarters employees and their locations in budget justification materials.
- Reduced Congestion: Decreasing the concentration of federal employees in the Washington metropolitan area could alleviate traffic and housing pressures.
Most Benefited Areas:
Potential Disadvantages
- Disruption to Employees: Relocating employees can be disruptive to their lives and families, potentially leading to decreased morale and productivity.
- Loss of Expertise: Some employees may choose not to relocate, leading to a loss of institutional knowledge and expertise within the agencies.
- Implementation Challenges: Coordinating the relocation of a large number of employees within a short timeframe could pose significant logistical challenges.
- Reduced Collaboration: Decentralization could hinder collaboration and communication between different parts of an agency.
- Potential Inefficiencies: Moving employees to areas with less developed infrastructure could lead to inefficiencies in government operations.
Constitutional Alignment
The bill appears to be constitutionally sound, as it falls within the powers granted to Congress to organize and manage the Executive branch. Article I, Section 8, Clause 18 (the Necessary and Proper Clause) gives Congress the power to make laws necessary for carrying out its enumerated powers, which include establishing post offices and post roads, and generally managing the affairs of the United States.
However, the bill's potential impact on individual employee rights, particularly regarding relocation and changes in pay, could raise concerns about due process under the Fifth Amendment. The Fifth Amendment states that no person shall be deprived of life, liberty, or property, without due process of law.
Additionally, the bill's supersession clause (Section 8), which overrides collective bargaining agreements, could raise concerns about the right to organize and bargain collectively, although this right is not explicitly guaranteed by the Constitution.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).