118TH CONGRESS 
2D SESSION 
H. R. 6276 
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Utilizing Space Effi-
ciently 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 ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(3) BUILDING UTILIZATION.—The term ‘‘build-
ing 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 bench-
mark. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et.
(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 per-
forming duties in person in a public building or fed-
erally-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 co-
ordination 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 Admin-
istrator 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 meas-
ure the occupancy of public buildings and leased space.
(c) PROTECTION OF PERSONALLY IDENTIFIABLE IN-
FORMATION.—In carrying out subsection (b), the Admin-
istrator shall ensure any sensors used for the purposes of 
determining occupancy are designed to protect of all per-
sonally 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 Com-
mittee 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 occu-
pancy, including the period of time and other pa-
rameters 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 uti-
lization benchmark of 150 usable square feet per 
person; and 
(4) any costs associated with capacity that ex-
ceeds occupancy with respect to the respective agen-
cy of the Federal agency head. 
(b) PUBLISHING REQUIREMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the heads of Federal agencies shall make 
each report required under subsection (a) available 
on a publicly accessible website of the General Serv-
ices 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 annu-
ally thereafter, the Director, in consultation with the Ad-
ministrator, shall ensure building utilization in each public
building and federally-leased space is not less than 60 per-
cent 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 de-
scribed in subsection (a) for any particular public building 
or federally-leased space, the Administrator shall— 
(1) provide notice to the tenant agency inform-
ing 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 consulta-
tion 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 ap-
propriate, for any replacement space.
(d) PRIORITIZATION.—The Administrator, in coordi-
nation 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, labora-
tories critical to the mission of the agency, and pub-
lic customer-facing spaces driven by agency mis-
sions. 
(2) REPORTING.—The Administrator shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives, the Com-
mittee on Environment and Public Works of the 
Senate, and the Committees on Appropriations of 
the House of Representatives and the Senate a re-
port on any exceptions granted, including the jus-
tification for such exception.