[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.