[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 298 Reported in Senate (RS)]
<DOC>
Calendar No. 21
119th CONGRESS
1st Session
S. 298
To require the Administrator of the Small Business Administration to
relocate 30 percent of the employees assigned to headquarters to duty
stations outside the Washington metropolitan area, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2025
Ms. Ernst (for herself, Mrs. Blackburn, and Mr. Scott of South
Carolina) introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
March 4, 2025
Reported by Ms. Ernst, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration to
relocate 30 percent of the employees assigned to headquarters to duty
stations outside the Washington metropolitan area, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Returning SBA to Main
Street Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean the Small
Business Administration and the Administrator thereof,
respectively.</DELETED>
<DELETED> (2) Budget justification materials.--The term
``budget justification materials'' has the meaning given that
term in section 3(b)(2)(A) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note).</DELETED>
<DELETED> (3) Employee.--The term ``employee'' has the
meaning given that term in section 2105 of title 5, United
States Code.</DELETED>
<DELETED> (4) Headquarters employee of the administration.--
The term ``headquarters employee of the Administration''
means--</DELETED>
<DELETED> (A) an employee of the Administration
whose permanent duty station is at the headquarters of
the Administration; or</DELETED>
<DELETED> (B) an employee of the Administration--
</DELETED>
<DELETED> (i) who teleworks on a full-time
basis; and</DELETED>
<DELETED> (ii) whose rate of pay is
calculated based on the Washington metropolitan
area rate of pay.</DELETED>
<DELETED> (5) Headquarters of the administration.--The term
``headquarters of the Administration'' means the building
serving as the principal managerial and administrative center
of the Administration, in accordance with section 4(a) of the
Small Business Act (15 U.S.C. 633(a)).</DELETED>
<DELETED> (6) Pay locality.--The term ``pay locality'' has
the meaning given that term in section 5302 of title 5, United
States Code.</DELETED>
<DELETED> (7) Rural.--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.</DELETED>
<DELETED> (8) Telework.--The term ``telework'' has the
meaning given that term in section 6501 of title 5, United
States Code.</DELETED>
<DELETED> (9) Telework on a full-time basis.--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.</DELETED>
<DELETED> (10) Washington metropolitan area.--The term
``Washington metropolitan area'' means the geographic area to
which the Washington metropolitan area rate of pay
applies.</DELETED>
<DELETED> (11) Washington metropolitan area rate of pay.--
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''.</DELETED>
<DELETED>SEC. 3. RELOCATION OF EMPLOYEES.</DELETED>
<DELETED> (a) In General.--Notwithstanding any other provisions of
law, and not later than 1 year after the date of enactment of this Act,
the Administrator shall--</DELETED>
<DELETED> (1) change the permanent duty station of not less
than 30 percent of the headquarters employees of the
Administration, as of the date of enactment of this Act, to be
at an office of the Administration at a location outside the
Washington metropolitan area, which shall be at locations
throughout the regions of the Administration; and</DELETED>
<DELETED> (2) for each employee of the Administration whose
permanent duty station is changed under paragraph (1), ensure
that--</DELETED>
<DELETED> (A) the rate of pay of the employee is
calculated based on the pay locality for the permanent
duty station of the employee; and</DELETED>
<DELETED> (B) the employee is not authorized to
telework on a full-time basis.</DELETED>
<DELETED> (b) Determination of New Duty Stations.--In determining
the permanent duty stations of headquarters employees of the
Administration under subsection (a), the Administrator shall--
</DELETED>
<DELETED> (1) promote geographic diversity, including
consideration of rural markets; and</DELETED>
<DELETED> (2) ensure adequate staffing throughout the
regions of the Administration, to promote in-person customer
service.</DELETED>
<DELETED> (c) Determination of Employees Eligible for a Change in
Duty Station.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Administrator shall include each headquarters employee
of the Administration as eligible for a change in permanent
duty station under subsection (a).</DELETED>
<DELETED> (2) Exception.--A headquarters employee of the
Administration 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.)--</DELETED>
<DELETED> (A) shall not be determined to be eligible
for a change in permanent duty station under subsection
(a); and</DELETED>
<DELETED> (B) shall be counted as a headquarters
employee of the Administration for purposes of
complying with subsection (a)(1).</DELETED>
<DELETED> (3) Notice of determination of eligibility.--Not
later than the day before the date on which the Administrator
submits the report required under subsection (d), the
Administrator shall notify each headquarters employee of the
Administration who the Administrator determines is eligible for
a change in permanent duty station under subsection (a) of that
determination.</DELETED>
<DELETED> (d) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report that
provides--</DELETED>
<DELETED> (1) the number of headquarters employees of the
Administration, as of the date of enactment of this
Act;</DELETED>
<DELETED> (2) the number of headquarters employees of the
Administration identified as eligible for a change in permanent
duty station, in accordance with subsection (c);</DELETED>
<DELETED> (3) the number of headquarters employees of the
Administration whose permanent duty station will be changed to
be at an office of the Administration at a location outside the
Washington metropolitan area under subsection (a);</DELETED>
<DELETED> (4) the number of headquarters employees of the
Administration subject to an exception under subsection (c)(2);
and</DELETED>
<DELETED> (5) the plan of the Administrator to implement
subsection (a).</DELETED>
<DELETED> (e) Implementation.--</DELETED>
<DELETED> (1) In general.--Not earlier than 60 days, and not
later than 90 days, after the date on which the Administrator
submits the report required under subsection (d), the
Administrator shall notify each headquarters employee of the
Administration whose permanent duty station will be changed to
be at an office of the Administration located outside the
Washington metropolitan area under subsection (a)--</DELETED>
<DELETED> (A) that, effective 90 days after the date
of the notification--</DELETED>
<DELETED> (i) the permanent duty station of
the employee shall be changed;</DELETED>
<DELETED> (ii) the rate of pay of the
employee shall be calculated based on the pay
locality for such permanent duty station;
and</DELETED>
<DELETED> (iii) the employee shall not be
authorized to telework on a full-time basis;
and</DELETED>
<DELETED> (B) of the location of such permanent duty
station.</DELETED>
<DELETED> (2) Full-time teleworkers remaining in the
washington metropolitan area.--</DELETED>
<DELETED> (A) In general.--For any employee
described in subparagraph (B), effective on the date
that is 180 days after the date on which the
Administrator submits the report required under
subsection (d), the employee shall not be authorized to
telework on a full-time basis.</DELETED>
<DELETED> (B) Employees covered.--An employee
described in this subparagraph is a headquarters
employee of the Administration--</DELETED>
<DELETED> (i) who teleworks on a full-time
basis, as of the date of enactment of this
Act;</DELETED>
<DELETED> (ii) who is not subject to an
exception under subsection (c)(2);
and</DELETED>
<DELETED> (iii) whose permanent duty station
is not changed to be an office of the
Administration at a location outside the
Washington metropolitan area under subsection
(a).</DELETED>
<DELETED> (3) No relocation incentives.--If, pursuant to
this Act, the official worksite (as defined in section 531.605
of title 5, Code of Federal Regulations, or any successor
regulation) of an employee changes from the residence of the
employee to the headquarters of the Administration,
notwithstanding any other provision of law, the employee shall
not be paid any relocation incentive.</DELETED>
<DELETED>SEC. 4. REDUCTION IN HEADQUARTERS OFFICE SPACE.</DELETED>
<DELETED> (a) In General.--The Administrator shall reduce the amount
of office space for the headquarters of the Administration by not less
than 30 percent.</DELETED>
<DELETED> (b) Implementation.--The Administrator shall--</DELETED>
<DELETED> (1) begin reducing office space under subsection
(a) not later than 180 days after the date of enactment of this
Act; and</DELETED>
<DELETED> (2) complete the reduction of office space
required under subsection (a) not later than 2 years after the
date of enactment of this Act.</DELETED>
<DELETED>SEC. 5. INFORMATION INCLUDED IN BUDGET JUSTIFICATION MATERIALS
PROVIDED TO CONGRESS.</DELETED>
<DELETED> The Administrator shall include in the first budget
justification materials of the Administration submitted after the date
of enactment of this Act, and the budget justification materials of the
Administration for each fiscal year thereafter--</DELETED>
<DELETED> (1) the number of headquarters employees of the
Administration;</DELETED>
<DELETED> (2) the number of employees of the Administration
assigned to a permanent duty station in--</DELETED>
<DELETED> (A) a field office of the
Administration;</DELETED>
<DELETED> (B) a district office of the
Administration; or</DELETED>
<DELETED> (C) a regional office of the
Administration;</DELETED>
<DELETED> (3) the number of employees of the Administration
who telework on a full-time basis; and</DELETED>
<DELETED> (4) the number of employees of the Administration
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.).</DELETED>
<DELETED>SEC. 6. SEVERABILITY.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. SUPERSESSION.</DELETED>
<DELETED> This Act shall supersede any other provision of law and
any provision of a collective bargaining agreement or master labor
agreement.</DELETED>
<DELETED>SEC. 8. NO PRIVATE CAUSE OF ACTION.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Returning SBA to Main Street Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean the Small
Business Administration and the Administrator thereof,
respectively.
(2) Budget justification materials.--The term ``budget
justification materials'' has the meaning given that term in
section 3(b)(2)(A) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note).
(3) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code.
(4) Headquarters employee of the administration.--The term
``headquarters employee of the Administration'' means--
(A) an employee of the Administration whose
permanent duty station is at the headquarters of the
Administration; or
(B) an employee of the Administration--
(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.
(5) Headquarters of the administration.--The term
``headquarters of the Administration'' means the building
serving as the principal managerial and administrative center
of the Administration, in accordance with section 4(a) of the
Small Business Act (15 U.S.C. 633(a)).
(6) Pay locality.--The term ``pay locality'' has the
meaning given that term in section 5302 of title 5, United
States Code.
(7) Rural.--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.
(8) Telework.--The term ``telework'' has the meaning given
that term in section 6501 of title 5, United States Code.
(9) Telework on a full-time basis.--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.
(10) Washington metropolitan area.--The term ``Washington
metropolitan area'' means the geographic area to which the
Washington metropolitan area rate of pay applies.
(11) Washington metropolitan area rate of pay.--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''.
SEC. 3. RELOCATION OF EMPLOYEES.
(a) In General.--Notwithstanding any other provisions of law, and
not later than 1 year after the date of enactment of this Act, if the
Administrator determines that implementing the requirements under
paragraphs (1) and (2) of this subsection will reduce the cost to the
Federal Government (which determination the Administrator shall explain
in detail in the report required under subsection (d) of this section),
the Administrator shall--
(1) change the permanent duty station of not less than 30
percent of the headquarters employees of the Administration, as
of the date of enactment of this Act, to be at an office of the
Administration at a location outside the Washington
metropolitan area, which shall be at locations throughout the
regions of the Administration; and
(2) for each employee of the Administration 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.
(b) Determination of New Duty Stations.--In determining the
permanent duty stations of headquarters employees of the Administration
under subsection (a)(1), the Administrator shall--
(1) promote geographic diversity, including consideration
of rural markets; and
(2) ensure adequate staffing throughout the regions of the
Administration, to promote in-person customer service.
(c) Determination of Employees Eligible for a Change in Duty
Station.--
(1) In general.--Except as provided in paragraph (2), the
Administrator shall include each headquarters employee of the
Administration as eligible for a change in permanent duty
station under subsection (a).
(2) Exception.--A headquarters employee of the
Administration 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 Administration for purposes of complying with
subsection (a)(1).
(3) Notice of determination of eligibility.--Not later than
the day before the date on which the Administrator submits the
report required under subsection (d), the Administrator shall
notify each headquarters employee of the Administration who the
Administrator determines is eligible for a change in permanent
duty station under subsection (a) of that determination.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report that provides--
(1) the number of headquarters employees of the
Administration, as of the date of enactment of this Act;
(2) the number of headquarters employees of the
Administration identified as eligible for a change in permanent
duty station, in accordance with subsection (c);
(3) the number of headquarters employees of the
Administration whose permanent duty station will be changed to
be at an office of the Administration at a location outside the
Washington metropolitan area under subsection (a);
(4) the number of headquarters employees of the
Administration subject to an exception under subsection (c)(2);
and
(5) the plan of the Administrator to implement subsection
(a).
(e) Implementation.--
(1) In general.--Not earlier than 60 days, and not later
than 90 days, after the date on which the Administrator submits
the report required under subsection (d), the Administrator
shall notify each headquarters employee of the Administration
whose permanent duty station will be changed to be at an office
of the Administration 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.
(2) Full-time teleworkers remaining in the washington
metropolitan area.--
(A) In general.--For any employee described in
subparagraph (B), effective on the date that is 180
days after the date on which the Administrator submits
the report required under subsection (d), the employee
shall not be authorized to telework on a full-time
basis.
(B) Employees covered.--An employee described in
this subparagraph is a headquarters employee of the
Administration--
(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 Administration
at a location outside the Washington
metropolitan area under subsection (a).
(3) No relocation incentives.--If, pursuant to this Act,
the official worksite (as defined in section 531.602 of title
5, Code of Federal Regulations, or any successor regulation) of
an employee changes from the residence of the employee to the
headquarters of the Administration, notwithstanding any other
provision of law, the employee shall not be paid any relocation
incentive.
SEC. 4. REDUCTION IN HEADQUARTERS OFFICE SPACE.
(a) In General.--The Administrator shall reduce the amount of
office space for the headquarters of the Administration by not less
than 30 percent.
(b) Implementation.--The Administrator shall--
(1) begin reducing office space under subsection (a) not
later than 180 days after the date of enactment of this Act;
and
(2) complete the reduction of office space required under
subsection (a) not later than 2 years after the date of
enactment of this Act.
SEC. 5. INFORMATION INCLUDED IN BUDGET JUSTIFICATION MATERIALS PROVIDED
TO CONGRESS.
The Administrator shall include in the first budget justification
materials of the Administration submitted after the date of enactment
of this Act, and the budget justification materials of the
Administration for each fiscal year thereafter--
(1) the number of headquarters employees of the
Administration;
(2) the number of employees of the Administration assigned
to a permanent duty station in--
(A) a field office of the Administration;
(B) a district office of the Administration; or
(C) a regional office of the Administration;
(3) the number of employees of the Administration who
telework on a full-time basis; and
(4) the number of employees of the Administration 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.).
SEC. 6. SEVERABILITY.
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.
SEC. 7. SUPERSESSION.
This Act shall supersede any other provision of law and any
provision of a collective bargaining agreement or master labor
agreement.
SEC. 8. NO PRIVATE CAUSE OF ACTION.
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.
Calendar No. 21
119th CONGRESS
1st Session
S. 298
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration to
relocate 30 percent of the employees assigned to headquarters to duty
stations outside the Washington metropolitan area, and for other
purposes.
_______________________________________________________________________
March 4, 2025
Reported with an amendment