H.R. 6276 Text - Reported in House - 118th Congress (2023-2024)

Union Calendar No. 314

118th CONGRESS
2d Session

H. R. 6276

[Report No. 118–384]

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.

IN THE HOUSE OF REPRESENTATIVES

November 7, 2023

Mr. Perry introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

February 13, 2024

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 7, 2023]

A BILL

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 performing duties in person in a public building or federally-leased space at least 5 days per week on a regular basis.

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 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.

SEC. 4. Reporting on usage of real property.

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.

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.