H. Rept. 118-419 - 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 POLICIES118th Congress (2023-2024)
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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
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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
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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
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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
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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).
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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.
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