Overview

Title

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.

ELI5 AI

The USE IT Act of 2023 is a rule that tries to make sure that government buildings and rented spaces are used properly. It wants buildings to be used at least 60% of the time and if not, the government has to make changes to improve it.

Summary AI

H.R. 6276, also known as the "Utilizing Space Efficiently and Improving Technologies Act of 2023" or the "USE IT Act of 2023," aims to improve the use of public buildings and federally-leased spaces in the U.S. The bill requires federal agencies to measure the usage of these spaces using new technologies and report their findings annually. It mandates a minimum utilization rate of 60% for these spaces, and if not met, actions like notifying relevant committees or reducing space are required. Additionally, a plan must be developed to consolidate government headquarters buildings to achieve more efficient space use.

Published

2024-03-14
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-03-14
Package ID: BILLS-118hr6276rfs

Bill Statistics

Size

Sections:
9
Words:
2,346
Pages:
13
Sentences:
49

Language

Nouns: 758
Verbs: 171
Adjectives: 129
Adverbs: 38
Numbers: 80
Entities: 141

Complexity

Average Token Length:
4.67
Average Sentence Length:
47.88
Token Entropy:
5.09
Readability (ARI):
28.19

AnalysisAI

The Utilizing Space Efficiently and Improving Technologies Act of 2023, also known as the USE IT Act of 2023, is a legislative proposal aimed at improving the efficiency of how federal buildings and leased spaces are used. It mandates the General Services Administration (GSA) and the Office of Management and Budget (OMB) to employ technologies for tracking utilization rates and calls for annual reporting on space utilization by federal agencies. The bill sets out to ensure that federal spaces are not underused, with a target utilization rate of 60% as a minimum standard. It also outlines procedures for reducing excess space when necessary, while providing exceptions for certain specialized uses.

General Summary

The USE IT Act requires the government to track how efficiently public buildings and federally-leased spaces are used, aiming for better space utilization and potential cost savings. The bill involves using technology to measure and report on space occupancy, reducing unused capacity, and consolidating headquarters to achieve higher utilization. Annual reports and strategic plans should ensure transparency and accountability, with certain exemptions for national security.

Significant Issues

Several issues arise within the bill's framework that may affect its implementation and impact:

  1. Transparency and Exemptions: There is a broad exemption for not publishing reports due to national security concerns. Without clear criteria, this provision might lead to misuse that could prevent public access to important information. Furthermore, the exemption for intelligence community properties from reporting requirements raises transparency and fairness issues.

  2. Implementation Challenges: The timeline for implementing occupancy measurement technologies is relatively short, which might result in rushed decisions, ineffective deployment, or privacy concerns regarding the handling of personal information.

  3. Undefined Metrics and Penalties: The bill outlines utilization benchmarks like the 60% rate and 150 square feet per person, but these lack contextual explanation. This could lead to misinterpretations and misuse. Moreover, the absence of enforcement mechanisms for failing to meet utilization requirements could result in continued inefficiencies.

  4. Exceptions and Costs: Criteria for exceptions like 'non-standard office space' are vague, potentially leading to inconsistent application. Additionally, lack of cost limits in deploying measurement technologies and lack of follow-up measures after identifying underutilized spaces limit the bill's potential effectiveness.

Public Impact

The proposed Act could lead to substantial savings in government operations by maximizing the use of federal facilities. The push for transparency and accountability in space utilization might help to align public resources more closely with actual needs, thus optimizing operational budgets. However, the potential erosion of transparency due to broad exceptions for national security raises concerns about public trust in government efficiency.

Stakeholder Impact

For federal agencies, the bill mandates significant administrative tasks related to reporting and management of space usage. This could strain resources, particularly if implementation timelines are not feasible or if adequate funding is not provided. For citizens and taxpayers, the bill promises enhanced government efficiency, which could translate into cost savings. However, if the exemptions are broadly applied, there might be skepticism about transparency in government utilization of resources.

For stakeholders in the technology sector, particularly those involved in security and occupancy measurement, the bill presents business opportunities. As agencies are tasked with deploying newer technology, service providers may see increased demand for their products and expertise.

In conclusion, while the USE IT Act of 2023 targets greater efficiency and accountability in the use of federal space, successful implementation hinges on addressing definitional ambiguities, ensuring stringent transparency, and carefully crafting enforcement mechanisms to avoid inefficiencies and ensure public trust.

Issues

  • The lack of specificity and clear criteria for the exception to publishing reports due to national security concerns might lead to misuse, potentially reducing transparency and public trust (Section 4).

  • The broad exemption for the intelligence community from reporting requirements raises transparency and fairness concerns, as it could prevent accountability and oversight of space utilization (Section 7).

  • The absence of defined penalties or enforcement mechanisms for Federal tenants who fail to meet space utilization requirements can lead to inefficiencies and lack of accountability (Section 7).

  • The unspecified costs and timelines associated with deploying occupancy measurement technologies could lead to budget overruns and inadequate implementations, impacting financial efficiency and resource allocation (Section 3).

  • The potential for rushed implementation of technologies within the defined timeline of 60 to 180 days may lead to suboptimal decisions or insufficient consideration of privacy concerns, particularly relating to the protection of personally identifiable information (Section 3).

  • The definition and calculation of 'utilization' metrics, such as a 60 percent minimum and 150 square feet benchmark, lack contextual justification, leading to potential misinterpretations and misapplications (Sections 2 and 5).

  • The vague terminology and undefined guidelines for 'non-standard office space' allow for subjective interpretation that could lead to inconsistent application of exceptions and inefficiencies (Section 5).

  • Insufficient explanation regarding exceptions for intelligence community properties from certain occupancy agreements might lead to questions about legislative intent and differential treatment (Section 7).

  • The report from the GAO lacks a budget or cost limit, potentially enabling excessive spending without ensuring cost-effectiveness of the deployments and data collection technologies (Section 8).

  • The procedure for identifying and realigning underutilized space lacks a clear follow-up or corrective action plan post-investigation, which might limit the effectiveness of addressing identified issues (Section 9).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that it can be officially called the “Utilizing Space Efficiently and Improving Technologies Act of 2023” or the “USE IT Act of 2023”.

2. Definitions Read Opens in new tab

Summary AI

This section explains definitions related to building space usage for federal purposes, including terms like "actual utilization rate," which refers to the space used compared to the space available, "Administrator" for the General Services head, and "occupancy," describing how many people work in a space full-time.

3. Identification and deployment of building usage technology Read Opens in new tab

Summary AI

The section outlines a plan for the government to establish methods and use technology to measure how full public and federally-leased buildings are, while ensuring that personal information remains private. This involves using sensors and data from ID badges to measure occupancy within 180 days after the law is passed.

4. Reporting on usage of real property Read Opens in new tab

Summary AI

Federal agency leaders must submit annual reports detailing space usage in public buildings and leased spaces, including occupancy rates, methods for determining these rates, comparison to usage benchmarks, and costs of unused space. These reports should generally be posted online unless doing so would harm national security.

5. Reducing unneeded space Read Opens in new tab

Summary AI

The section requires the Director, with the Administrator's help, to ensure that federal buildings and leased spaces are used at least 60% each year. If a space isn't meeting this utilization, the Administrator must notify related agencies and committees and may reduce or consolidate the space if the issue continues. Exceptions can be made for agencies needing non-standard office spaces, and these exceptions must be reported to specific committees.

6. Headquarters buildings Read Opens in new tab

Summary AI

The bill requires the Director, with the Administrator's help, to create and submit a plan within one year to combine government headquarters buildings in the National Capital Region so that they are at least 60% utilized. The plan should provide information on which departments will move, how unused buildings will be handled, the costs of the changes, and the expected savings. The implementation of this plan must start within a year after it’s submitted.

7. Federal Use it or Lose it Leases Act Read Opens in new tab

Summary AI

The Federal Use it or Lose it Leases Act requires federal tenants to report annual office space utilization to the General Services Administrator and have plans for returning space if usage falls below 60% for six months. Agencies with independent leasing powers must also report to Congress but exceptions apply for intelligence community properties.

8. GAO report Read Opens in new tab

Summary AI

The bill requires that within one year from its enactment, the Comptroller General must provide Congress with a report detailing how much it costs each Federal agency to measure the use of space in public buildings and federal leases. This includes the cost of new technologies for this purpose, but excludes any devices that were installed before the law was passed.

9. Investigation of underutilized space Read Opens in new tab

Summary AI

The section requires heads of Federal agencies to report any public buildings or leased spaces with low usage to their inspector generals. The inspector general must then investigate these spaces to check for any signs of fraud, waste, abuse, or mismanagement.