[House Report 118-419]
[From the U.S. Government Publishing Office]


118th Congress}                                            { REPORT

  2d Session  }         HOUSE OF REPRESENTATIVES	   { 118-419

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6276) TO DIRECT 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, 
   AND PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 1065) 
       DENOUNCING THE BIDEN ADMINISTRATION'S IMMIGRATION POLICIES

                                _______
                                

   March 11, 2024.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Massie, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1071]

    The Committee on Rules, having had under consideration 
House Resolution 1071, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 6276, the 
USE IT Act of 2023, under a structured rule. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Transportation and Infrastructure or their 
respective designees. The resolution provides that the 
amendment in the nature of a substitute recommended by the 
Committee on Transportation and Infrastructure now printed in 
the bill shall be considered as adopted, and the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended. The 
resolution makes in order only those further amendments printed 
in the report. Each amendment shall be considered only in the 
order printed in the report, may be offered only by a Member 
designated in the report, shall be considered as read, shall be 
debatable for the time specified in the report equally divided 
and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question. All points of order against the 
amendments printed in the report are waived. The resolution 
provides for one motion to recommit. The resolution further 
provides for consideration of H. Res. 1065, Denouncing the 
Biden administration's immigration policies, under a closed 
rule. The resolution provides that upon adoption of the 
resolution it shall be in order without intervention of any 
point of order to consider H. Res. 1065. The resolution 
provides that H. Res. 1065 shall be considered as read. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on the Judiciary or their respective designees.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 6276, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 6276, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in the report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of H. Res. 1065, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 205

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #6 to H.R. 6276, offered by Representative Titus, 
which amends the bill's definition of occupancy to ensure that 
all Federal workers, including those who utilize Alternative 
Work Schedules as covered by federal law, are counted to get an 
accurate representation of the utilization rates of Federal 
buildings and buildings leased by the Federal government for 
Federal employees. Defeated: 3-9

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 206

    Motion by Mr. Massie to report the rule. Adopted: 9-3

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................  ............
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 6276 MADE IN ORDER

    1. Edwards (NC), Gluesenkamp Perez (WA): Requires certain 
data collection and reporting on space utilization, occupancy, 
and availability of office space leased by an Executive agency. 
Requires written procedures in place governing the return of 
office space if the occupancy falls below a 60 percent space 
utilization rate. (10 minutes)
    2. Perry (PA), Auchincloss (MA): Redefines occupancy to 
include the total number of employees actually performing 
duties in person in a public building or federally-leased space 
40 hours per week. Adds personally identifiable information 
protections to the bill. (10 minutes)
    3. Hageman (WY): Requires the federal agencies to report to 
Congress on whether occupancy and utilization rates are 
affected by an agency's remote work and telework policies. (10 
minutes)
    4. Hageman (WY): Includes PIV badge swipe data as a tool 
for measuring the utilization of public buildings and federally 
leased spaces. (10 minutes)
    5. McCormick (GA): Requires the reports on the usage of 
real property described in Section 4 of the bill to be made 
public on an accessible website run by the General Services 
Administration (GSA) with exceptions for national security. (10 
minutes)
    6. Mills (FL): Requires the GAO to report on the cost of 
conducting the survey and monitoring every federal building's 
occupancy for a year (including, per the bill, installing 
sensors in every office of every federal building nationwide). 
Excludes any preexisting systems or monitors in place before 
the date of enactment of this Act. (10 minutes)
    7. Rose (TN): Requires federal agencies to report public 
buildings or federally-leased spaces with a capacity of 500 or 
more employees and a utilization rate below 20 percent to their 
inspector general for investigation. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 6276 MADE IN ORDER

   1. An Amendment To Be Offered by Representative Edwards of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 9, after line 5, insert the following:

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).
                              ----------                              


 2. An Amendment To Be Offered by Representative Perry of Pennsylvania 
               or His Designee, Debatable for 10 Minutes

    Page 4, strike lines 4 through 7 and insert the following:
          (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.
    Page 4, after line 21, insert the following:
    (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.
                              ----------                              


 3. An Amendment To Be Offered by Representative Hageman of Wyoming or 
                 Her Designee, Debatable for 10 Minutes

  Page 5, line 18, strike ``and''.
  Page 5, line 21, strike the period and insert ``; and''.
  Page 5, after line 21, insert the following:
          (5) whether occupancy and actual utilization rates 
        are affected by the remote work and telework policies 
        and practices of the respective agency.
                              ----------                              


 4. An Amendment To Be Offered by Representative Hageman of Wyoming or 
                 Her Designee, Debatable for 10 Minutes

    Page 4, line 18, insert ``, Personal Identity Verification 
badge swipe data isolating only the first credential use of the 
day for each cardholder,'' after ``sensors''.
                              ----------                              


5. An Amendment To Be Offered by Representative McCormick of Georgia or 
                 His Designee, Debatable for 10 Minutes

    Strike section 4 and insert the following:

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.
                              ----------                              


6. An Amendment To Be Offered by Representative Mills of Florida or His 
                   Designee, Debatable for 10 Minutes

    Page 9, after line 5, insert the following:

SEC. 7. 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.
                              ----------                              


 7. An Amendment To Be Offered by Representative Rose of Tennessee or 
                 His Designee, Debatable for 10 Minutes

    Page 9, after line 5, insert the following:

SEC. 7. 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.

                                  [all]