119-s298

[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