[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6276 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 6276
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2024
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To authorize the Administrator of General Services and the Director of
the Office of Management and Budget to identify the utilization rate of
certain public buildings and federally- leased space, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utilizing Space Efficiently and
Improving Technologies Act of 2023'' or the ``USE IT Act of 2023''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Actual utilization rate.--The term ``actual utilization
rate'' means the total usable square footage of a public
building or federally-leased space divided by the occupancy.
(2) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(3) Building utilization.--The term ``building
utilization'' means the percentage of utilization generated by
comparing the actual utilization rate with the capacity based
on a utilization benchmark of 150 useable square feet per
person.
(4) Capacity.--The term ``capacity'' means the total usable
square footage of a public building or federally-leased space
divided by a utilization benchmark.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Federal agency.--The term ``Federal agency'' means an
executive department covered by the CFO Act of 1990 (Public Law
101-576).
(7) Occupancy.--The term ``occupancy'' means the total
number of employees actually performing duties in person in a
public building or federally-leased space 40 hours per week
regardless of work arrangements.
SEC. 3. IDENTIFICATION AND DEPLOYMENT OF BUILDING USAGE TECHNOLOGY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator, in coordination with the Director,
shall establish standard methodologies and identify technologies
available for measuring occupancy in public buildings and federally-
leased space.
(b) Measurement of Utilization.--Not later than 180 days after the
date of enactment of this Act, the heads of Federal agencies shall work
with the Administrator to identify, deploy, and use sensors, Personal
Identity Verification badge swipe data isolating only the first
credential use of the day for each cardholder, and other technologies
in public buildings and federally-leased space, where the Federal
agency occupies space to measure the occupancy of public buildings and
leased space.
(c) Protection of Personally Identifiable Information.--In carrying
out subsection (b), the Administrator shall ensure any sensors used for
the purposes of determining occupancy are designed to protect of all
personally identifiable information.
SEC. 4. REPORTING ON USAGE OF REAL PROPERTY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the heads of Federal agencies
shall submit to the Director, the Administrator, the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committees on Appropriations of the House of Representatives and the
Senate a report on--
(1) the occupancy and the actual utilization rates of space
in public buildings and federally-leased space occupied by the
respective agency of the Federal agency head broken down by
building and lease;
(2) the methodology used for determining occupancy,
including the period of time and other parameters used to
determine occupancy on a regular basis;
(3) the utilization percentage of each public building and
federally-leased space by the respective agency of the Federal
agency head, comparing the capacity to the actual utilization
rate based on a utilization benchmark of 150 usable square feet
per person; and
(4) any costs associated with capacity that exceeds
occupancy with respect to the respective agency of the Federal
agency head.
(b) Publishing Requirement.--
(1) In general.--Except as provided in paragraph (2), the
heads of Federal agencies shall make each report required under
subsection (a) available on a publicly accessible website of
the General Services Administration.
(2) Exception.--The publishing requirements of paragraph
(1) shall not apply if the head of the respective Federal
agency makes a determination that making the report required
under subsection (a) available on a publicly accessible website
would be detrimental to national security.
SEC. 5. REDUCING UNNEEDED SPACE.
(a) Target Utilization Metrics.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the Director,
in consultation with the Administrator, shall ensure building
utilization in each public building and federally-leased space is not
less than 60 percent on average over each 1-year period.
(b) Actions.--In the event that building utilization is below 60
percent on average over a 1-year period described in subsection (a) for
any particular public building or federally-leased space, the
Administrator shall--
(1) provide notice to the tenant agency informing such
agency of the excess in capacity along with associated costs of
such excess; and
(2) notify the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Environment and Public Works of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate of such excess capacity and associated costs.
(c) Subsequent Failure.--If the tenant agency fails to meet the 60
percent target under subsection (a) in the reporting period subsequent
to the reporting period under subsection (b), the Administrator shall,
in consultation with the Director, take steps to reduce the space of
the tenant agency, including consolidating the tenant agency with
another agency, selling or disposing of excess capacity space, and
adjusting space requirements, as appropriate, for any replacement
space.
(d) Prioritization.--The Administrator, in coordination with the
Director, shall prioritize to the maximum extent practicable capital
investments in public buildings where Federal agencies meet or exceed
building utilization metrics, except that prioritization may be given
to projects that will result in building utilization of 60 percent or
more.
(e) Exceptions.--
(1) In general.--The Director may provide exceptions to
building utilization metrics based on the amount of non-
standard office space a Federal agency demonstrates is required
to meet the mission of the agency, including warehouse space,
laboratories critical to the mission of the agency, and public
customer-facing spaces driven by agency missions.
(2) Reporting.--The Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate a report on any
exceptions granted, including the justification for such
exception.
SEC. 6. HEADQUARTERS BUILDINGS.
(a) Headquarters Consolidations.--Not later than 1 year after the
date of enactment of this Act, the Director, in consultation with the
Administrator, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the Comptroller General
of the United States a plan to consolidate department and agency
headquarters buildings in the National Capital Region that will result
in building utilizations of 60 percent or greater.
(b) Contents.--The plan submitted under subsection (a) shall
include details on the following:
(1) Which departments and agencies will collocate and
consolidate and into which buildings and associated details
before and after plan implementation related to building
utilization, building capacities, and actual utilization.
(2) Details on the strategies for the sale or disposal of
buildings that will no longer be needed for Federal use.
(3) A detailed breakdown of any costs associated with the
proposed consolidations and collocations.
(4) An estimate of future savings as a result of space
reductions and consolidations, including costs associated with
energy savings and building operations.
(c) Implementation.--Not later than 1 year after the submission of
the plan under subsection (a), the Administrator and Director shall
begin implementing such plan.
SEC. 7. FEDERAL USE IT OR LOSE IT LEASES ACT.
(a) Reporting of Space Utilization and Occupancy Data for Office
Space.--An occupancy agreement between the Administrator of General
Services and a Federal tenant for office space shall--
(1) include language that requires the Federal tenant to
submit to the Administrator an annual report for the duration
of the agreement containing data on--
(A) monthly total occupancy of such office space;
(B) the actual utilization of such office space;
(C) monthly space utilization rates; and
(D) any other office space utilization data
considered important by the Administrator; and
(2) include language that requires the Federal tenant to
have written procedures in place governing the return of office
space to the Administrator if the occupancy of the Federal
tenant falls below a 60 percent space utilization rate for 6
months within any 1-year period, beginning on the date on which
the agreement takes effect.
(b) Requirements for Federal Agencies With Independent Leasing
Authorities.--The head of any agency with independent leasing
authorities with leases for office space shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives,
the Committee on Environment and Public Works of the Senate, and each
congressional committee of jurisdiction of the applicable independent
leasing authority an annual report for the duration of such agreement
containing data on--
(1) monthly total occupancy of the office space;
(2) the actual utilization of such office space;
(3) monthly space utilization rates; and
(4) any other office space utilization data considered
important for collection by Congress.
(c) Exceptions to Reporting and Occupancy Agreement Requirements.--
This section shall not apply to properties used by an element of the
intelligence community.
(d) Applicability.--The requirements of this section shall apply to
any occupancy or novation agreement entered into on or after the date
that is 6 months after the date of enactment of this Act.
(e) Definitions.--In this section:
(1) Federal tenant.--The term ``Federal tenant''--
(A) means an Federal agency that has an occupancy
agreement with the Administrator of General Services to
occupy a commercial lease for office space secured by
the Administrator on behalf of the Federal Government;
and
(B) does not include an element of the intelligence
community.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
SEC. 8. GAO REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the cost to each Federal agency of measuring
the occupancy and actual utilization rates of space in public buildings
and federally-leased space to prepare the reports required under
section 4.
(b) Requirements.--The Comptroller General shall include in the
report required under subsection (a) the cost of deploying sensors and
technologies pursuant to section 3 but shall exclude any such
technologies that were in place before the date of enactment of this
Act.
SEC. 9. INVESTIGATION OF UNDERUTILIZED SPACE.
(a) Reporting Requirement.--Not later than 90 days after the
submission of each report under section 4, the head of each Federal
agency shall submit to the inspector general of each respective agency
a report detailing any public building or federally-leased space with a
capacity of 500 or more employees under the jurisdiction of such agency
that has a utilization rate below 20 percent during the reporting
period that is not a vacant office building.
(b) Inspector General Investigation.--Upon receipt of a report
under subsection (a), the inspector general of the relevant Federal
agency shall conduct an investigation to determine whether there is any
evidence of fraud, waste, abuse, or mismanagement with respect to
the use of the public building or federally-leased space identified in
the report.
Passed the House of Representatives March 12, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.