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H.R.1280 / 119th Congress

DRAIN THE SWAMP Act

Referred to the House Committee on Oversight and Government Reform.

Official summary

No official summary is available in the imported record yet.

Who introduced it

Rep. Bean, Aaron [R-FL-4] · R–FL

Committees

  • Oversight and Government Reform Committee
0 cosponsorship records, including any withdrawals

    Actions

    A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

    1. Referred to the House Committee on Oversight and Government Reform.

    2. Introduced in House

    3. Introduced in House

    Bill text & related measures

    Text links open the official source. We also preserved the text version used in the PlainBill explanation below.

    Related bills identified by Congress.gov

    Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.

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    Neutral evidence review

    Objective

    Analyze H.R.1280 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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    Fairness and public impact

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    Institutions and government scope

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    Examine H.R.1280 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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    Individual rights and government power

    Liberty lens

    Examine H.R.1280 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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    Read the proposal in plain language

    AI-generated · Source-checked by AI · Oct 30, 2026

    Based on the full Introduced in House · 2025-02-13 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.

    What it would do

    The proposed DRAIN THE SWAMP Act would require executive agencies to move at least 30% of covered headquarters employees to agency offices outside the Washington-area pay region. Relocated employees would have pay calculated for their new work location and could no longer telework full time. The bill would also require at least a 30% reduction in headquarters property. Employee exceptions are described below.

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    or the DRAIN THE SWAMP Act.
    Official bill text · Introduced in House · 2025-02-13
    change the permanent duty station of not less than 30 percent of the headquarters employees of the Executive agency, as of the date of enactment of this Act, to be at an office of the Executive agency at a location outside the Washington metropolitan area
    Official bill text · Introduced in House · 2025-02-13
    (A) the rate of pay of the employee is calculated based on the pay locality for the permanent duty station of the employee; and (B) the employee is not authorized to telework on a full-time basis.
    Official bill text · Introduced in House · 2025-02-13
    the amount of real property serving as the headquarters of an Executive agency that is owned or leased by the Federal Government be reduced by not less than 30 percent
    Official bill text · Introduced in House · 2025-02-13

    How it would work

    The bill covers executive-branch agencies under a referenced statutory definition. Headquarters means an agency's principal management and administrative building.

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    The term Executive agency means an agency, as defined in section 551 of title 5, United States Code, that is in the executive branch of the Government.
    Official bill text · Introduced in House · 2025-02-13
    The term headquarters of the Executive agency, with respect to an Executive agency, means the building serving as the principal managerial and administrative center of the Executive agency.
    Official bill text · Introduced in House · 2025-02-13

    Covered headquarters employees include both employees officially assigned to headquarters and full-time teleworkers whose pay uses the Washington-area rate. Full-time telework means authorization to telework every workday in a pay period.

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    The term headquarters employee of an Executive agency means— (A) an employee of an Executive agency whose permanent duty station is at the headquarters of the Executive agency; or (B) an employee of an Executive agency— (i) who teleworks on a full-time basis; and (ii) whose rate of pay is calculated based on the Washington metropolitan area rate of pay.
    Official bill text · Introduced in House · 2025-02-13
    The term telework on a full-time basis means that an employee is authorized to telework for 100 percent of the work days of the employee per pay period.
    Official bill text · Introduced in House · 2025-02-13

    The Washington area is defined by the Washington-Baltimore-Arlington federal pay region, which includes the listed jurisdictions of DC, Maryland, Virginia, West Virginia and Pennsylvania. The relocation boundary therefore is not simply the District of Columbia boundary.

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    The term Washington metropolitan area means the geographic area to which the Washington metropolitan area rate of pay applies.
    Official bill text · Introduced in House · 2025-02-13
    The term Washington metropolitan area rate of pay means the rate of pay in effect for the pay locality designated as Washington-Baltimore-Arlington, DC–MD–VA–WV–PA.
    Official bill text · Introduced in House · 2025-02-13

    The employee definition excludes certain staff in the President's executive office or specified national-security components. To qualify, they must also be employees who would be excepted during a funding lapse because their essential duties defend the United States against imminent threats. The exclusion does not cover everyone working in the listed organizations.

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    does not include an individual who— (i) in the event of a lapse in appropriations, would be an excepted employee and exempt from the limitation on voluntary services under section 1342 of title 31, United States Code, because the duties of the position in which the individual is serving are performing mission-essential functions of the Executive agency employing the individual that are necessary for purposes of defending the United States against imminent threats; and (ii) is serving in a position within— (I) the Executive Office of the President; or (II) a component, the mission of which is related to national security, of— (aa) the Department of Defense, including— (AA) the Defense Intelligence Agency; (BB) the National Security Agency; and (CC) the National Geospatial-Intelligence Agency; (bb) the Department of Energy; (cc) the Department of Homeland Security; (dd) the Office of the Director of National Intelligence; or (ee) the Central Intelligence Agency.
    Official bill text · Introduced in House · 2025-02-13

    Within one year after enactment, each agency head would have to change the official work locations of at least 30% of its headquarters employees, measured as of enactment. Their new locations must be agency offices outside the Washington pay region and spread throughout the agency's regions.

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    Notwithstanding any other provisions of law, and not later than 1 year after the date of enactment of this Act, the head of each Executive agency shall— (1) change the permanent duty station of not less than 30 percent of the headquarters employees of the Executive agency, as of the date of enactment of this Act, to be at an office of the Executive agency at a location outside the Washington metropolitan area, which shall be at locations throughout the regions of the Executive agency
    Official bill text · Introduced in House · 2025-02-13

    For each relocated employee, pay would be calculated using the geographic pay area of the new official work location. The employee could no longer be authorized to telework full time; this provision does not itself prohibit all telework.

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    for each employee of the Executive agency whose permanent duty station is changed under paragraph (1), ensure that— (A) the rate of pay of the employee is calculated based on the pay locality for the permanent duty station of the employee; and (B) the employee is not authorized to telework on a full-time basis.
    Official bill text · Introduced in House · 2025-02-13

    Agency heads would have to promote geographic diversity, consider rural locations, and ensure adequate regional staffing to promote in-person customer service. Rural means an area not classified as urban in the latest available Census Bureau data. These are selection requirements and stated purposes, not evidence that service would improve.

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    (1) promote geographic diversity, including consideration of rural markets; and (2) ensure adequate staffing throughout the regions of the Executive agency, to promote in-person customer service.
    Official bill text · Introduced in House · 2025-02-13
    The term rural means any area that is not designated as an urban area, based on the most recent data available from the Bureau of the Census.
    Official bill text · Introduced in House · 2025-02-13

    Generally, every covered headquarters employee would be eligible for relocation. Employees receiving full-time telework as a reasonable accommodation under title I of the Americans with Disabilities Act would be ineligible, but would still count in the headquarters workforce used to calculate the 30% requirement.

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    Except as provided in paragraph (2), the head of each Executive agency shall include each headquarters employee of the Executive agency as eligible for a change in permanent duty station under subsection (a).
    Official bill text · Introduced in House · 2025-02-13
    A headquarters employee of an Executive agency who is a qualified individual who receives an accommodation to telework on a full-time basis as a reasonable accommodation under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)— (A) shall not be determined to be eligible for a change in permanent duty station under subsection (a); and (B) shall be counted as a headquarters employee of the Executive agency for purposes of complying with subsection (a)(1).
    Official bill text · Introduced in House · 2025-02-13

    Employees deemed eligible for relocation would have to receive notice of that eligibility no later than the day before their agency submits its required congressional report. Eligibility notice would be separate from notice that an employee has actually been selected to move.

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    Not later than the day before the date on which the head of an Executive agency submits the report required under subsection (d), the head of the Executive agency shall notify each headquarters employee of the Executive agency who the head of the Executive agency determines is eligible for a change in permanent duty station under subsection (a) of that determination.
    Official bill text · Introduced in House · 2025-02-13
    Not earlier than 60 days, and not later than 90 days, after the date on which the head of an Executive agency submits the report required under subsection (d), the head of the Executive agency shall notify each headquarters employee of the Executive agency whose permanent duty station will be changed
    Official bill text · Introduced in House · 2025-02-13

    Within 180 days after enactment, each agency head would have to report to congressional committees with jurisdiction over its activities. The report must give headquarters workforce counts, relocation eligibility and selection counts, accommodation-exception counts, and the agency's implementation plan.

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    Not later than 180 days after the date of enactment of this Act, the head of each Executive agency shall submit to each committee of the Senate or the House of Representatives with jurisdiction of 1 or more programs, projects, or activities of the Executive agency a report
    Official bill text · Introduced in House · 2025-02-13
    (1) the number of headquarters employees of the Executive agency, as of the date of enactment of this Act; (2) the number of headquarters employees of the Executive agency identified as eligible for a change in permanent duty station, in accordance with subsection (c); (3) the number of headquarters employees of the Executive agency whose permanent duty station will be changed to be at an office of the Executive agency at a location outside the Washington metropolitan area under subsection (a); (4) the number of headquarters employees of the Executive agency subject to an exception under subsection (c)(2); and (5) the plan of the head of the Executive agency to implement subsection (a).
    Official bill text · Introduced in House · 2025-02-13

    Between 60 and 90 days after submitting that report, an agency would have to notify employees selected for relocation of their new work location. The relocation, new geographic pay calculation, and loss of full-time telework authorization would take effect 90 days after that notice.

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    Not earlier than 60 days, and not later than 90 days, after the date on which the head of an Executive agency submits the report required under subsection (d), the head of the Executive agency shall notify each headquarters employee of the Executive agency whose permanent duty station will be changed to be at an office of the Executive agency located outside the Washington metropolitan area under subsection (a)— (A) that, effective 90 days after the date of the notification— (i) the permanent duty station of the employee shall be changed; (ii) the rate of pay of the employee shall be calculated based on the pay locality for such permanent duty station; and (iii) the employee shall not be authorized to telework on a full-time basis; and (B) of the location of such permanent duty station.
    Official bill text · Introduced in House · 2025-02-13

    Headquarters employees who teleworked full time at enactment and are not relocated under the bill would also lose full-time telework authorization, unless they qualify for the disability-accommodation exception. This would take effect 180 days after their agency submits its congressional report.

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    For any employee described in subparagraph (B), effective on the date that is 180 days after the date on which the head of the Executive agency employing the employee submits the report required under subsection (d), the employee shall not be authorized to telework on a full-time basis.
    Official bill text · Introduced in House · 2025-02-13
    An employee described in this subparagraph is a headquarters employee of an Executive agency— (i) who teleworks on a full-time basis, as of the date of enactment of this Act; (ii) who is not subject to an exception under subsection (c)(2); and (iii) whose permanent duty station is not changed to be an office of the Executive agency at a location outside the Washington metropolitan area under subsection (a).
    Official bill text · Introduced in House · 2025-02-13

    Within 60 days after enactment, the Director of the Office of Management and Budget would have to issue a directive requiring at least a 30% reduction in federally owned or leased property serving as agency headquarters.

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    Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) issue a memorandum directing that the amount of real property serving as the headquarters of an Executive agency that is owned or leased by the Federal Government be reduced by not less than 30 percent
    Official bill text · Introduced in House · 2025-02-13

    When selecting property for sale or leases for termination or nonrenewal, the budget director would have to prioritize disposing of buildings and placing agency headquarters together in as few locations as practicable.

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    in identifying property to be sold or for which a lease is to be terminated or not renewed, prioritize— (A) the disposal of buildings; and (B) co-locating the headquarters of Executive agencies in as few locations as practicable.
    Official bill text · Introduced in House · 2025-02-13

    Agencies directed to reduce headquarters space would have to begin within 180 days after enactment and finish within two years after enactment.

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    If the head of an Executive agency is directed to reduce office space under the memorandum issued under subsection (a), the head of the Executive agency shall— (1) begin reducing office space in accordance with the memorandum not later than 180 days after the date of enactment of this Act; and (2) complete the reduction of office space in accordance with the memorandum not later than 2 years after the date of enactment of this Act.
    Official bill text · Introduced in House · 2025-02-13

    Starting with the first budget justification submitted after enactment, agencies would have to include annual counts of headquarters staff, staff assigned to field, district or regional offices, full-time teleworkers, and employees receiving full-time telework as a disability accommodation. Budget justifications are materials explaining agency budget requests; this reporting requirement has no stated end date.

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    The head of each Executive agency shall include in the first budget justification materials of the Executive agency submitted after the date of enactment of this Act, and the budget justification materials of the Executive agency for each fiscal year thereafter— (1) the number of headquarters employees of the Executive agency; (2) the number of employees of the Executive agency assigned to a permanent duty station in— (A) a field office of the Executive agency; (B) a district office of the Executive agency; or (C) a regional office of the Executive agency; (3) the number of employees of the Executive agency who telework on a full-time basis; and (4) the number of employees of the Executive agency who are a qualified individual who receives an accommodation to telework on a full-time basis as a reasonable accommodation under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.).
    Official bill text · Introduced in House · 2025-02-13

    An employee whose official worksite changes under the bill from their home to agency headquarters could not receive a relocation incentive, despite any other law. This restriction addresses that specific change of worksite.

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    If, pursuant to this Act, the official worksite (as defined in section 531.605 of title 5, Code of Federal Regulations) of an employee changes from the residence of the employee to the headquarters of the Executive agency of the employee, notwithstanding any other provision of law, no such employee shall be paid any relocation incentive.
    Official bill text · Introduced in House · 2025-02-13

    If a provision or its application were held unconstitutional, the bill says the rest of the Act and its application to other people or circumstances would remain unaffected. This states the bill's intended treatment of an invalid provision; it does not predict a court ruling.

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    If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected thereby.
    Official bill text · Introduced in House · 2025-02-13

    The bill declares that its provisions would take precedence over other laws and provisions of collective bargaining or master labor agreements. The supplied text does not identify each existing rule or agreement that this would affect.

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    This Act shall supersede any other provision of law and any provision of a collective bargaining agreement or master labor agreement.
    Official bill text · Introduced in House · 2025-02-13

    The bill would not itself create a private right to sue to challenge selections, changes, decisions or actions taken under it, including suits seeking court-ordered relief. This language does not by itself establish which challenges under other legal authorities would remain available.

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    Nothing in this Act shall be construed to establish a private cause of action, equitable or otherwise, to challenge any selection, change, or decision made, or action taken, under this Act.
    Official bill text · Introduced in House · 2025-02-13

    What the record shows

    The supplied official-actions snapshot, updated December 5, 2025, records introduction in the House and referral to the House Committee on Oversight and Government Reform on February 13, 2025. It does not establish subsequent legislative outcomes.

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    Source snapshot updated 2025-12-05T21:30:14Z. 2025-02-13: Referred to the House Committee on Oversight and Government Reform. 2025-02-13: Introduced in House
    Official legislative record · 2025-12-05T21:30:14Z

    Riders & Targeted Benefits

    Reviewed version: Introduced in House · 2025-02-13. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.

    This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.

    Riders

    Provisions outside the bill’s main subject, or policy changes attached to appropriations.

    None identified in the reviewed text

    No unrelated rider was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.

    Earmarks

    Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.

    None identified in the reviewed text

    No congressionally directed spending for particular recipients or places was identified in the complete supplied introduced text. This conclusion is limited to that version; formal earmark disclosures and accompanying materials are not supplied.

    Other targeted benefits

    Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.

    Findings to examine

    The supplied introduced text contains a narrow employee exemption. Identifying it does not assess whether it is justified. Disability-related reasonable accommodations are treated as access protections rather than preferential benefits.

    The bill excludes a narrowly defined group of national-security personnel from its employee definition, placing them outside its employee-based relocation and telework requirements. Beneficiaries must both perform essential defense duties against imminent threats that would qualify them for a funding-lapse exception and hold positions in the President's executive office or the specified national-security components. This is an exemption within the bill's workforce policy.

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    The term employee— (A) has the meaning given that term in section 2105 of title 5, United States Code; and (B) does not include an individual who— (i) in the event of a lapse in appropriations, would be an excepted employee and exempt from the limitation on voluntary services under section 1342 of title 31, United States Code, because the duties of the position in which the individual is serving are performing mission-essential functions of the Executive agency employing the individual that are necessary for purposes of defending the United States against imminent threats; and (ii) is serving in a position within— (I) the Executive Office of the President; or (II) a component, the mission of which is related to national security, of— (aa) the Department of Defense, including— (AA) the Defense Intelligence Agency; (BB) the National Security Agency; and (CC) the National Geospatial-Intelligence Agency; (bb) the Department of Energy; (cc) the Department of Homeland Security; (dd) the Office of the Director of National Intelligence; or (ee) the Central Intelligence Agency.
    Official bill text · Introduced in House · 2025-02-13
    change the permanent duty station of not less than 30 percent of the headquarters employees of the Executive agency
    Official bill text · Introduced in House · 2025-02-13
    for each employee of the Executive agency whose permanent duty station is changed under paragraph (1), ensure that— (A) the rate of pay of the employee is calculated based on the pay locality for the permanent duty station of the employee; and (B) the employee is not authorized to telework on a full-time basis.
    Official bill text · Introduced in House · 2025-02-13

    What this analysis cannot establish

    • This analysis concerns the complete supplied introduced text, not an enacted law or a later bill version. The dated actions snapshot does not establish whether the bill subsequently advanced or became law.
    • Implementation deadlines run from enactment or submission of an agency report. The supplied evidence establishes no enactment date, so calendar deadlines cannot be determined.
    • Several definitions and the disability-accommodation exception rely on statutes or regulations not reproduced in the bundle. Their full scope, and the interaction of the supersession provision with existing laws and labor agreements, cannot be determined from this evidence alone.
    • The bundle supplies no workforce counts, selected relocation sites, property inventory, implementation costs or savings estimates. It does not establish effects on employee pay amounts, retention, service quality or government spending.
    • The property-reduction provision does not specify a measurement method for the amount of real property to be reduced.
    • No member earmark disclosures, committee reports, conference materials or amendment attachment history are supplied. The introduced text alone cannot establish formal earmark status or whether provisions were attached as riders in another version.

    Full text preserved for this analysis. Legislative record snapshot: Dec 5, 2025. How PlainBill uses AI