Utilizing Space Efficiently and Improving Technologies Act of 2023

Floor Speech

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Mr. LARSON of Connecticut. Madam Chair, I yield myself such time as I may consume.

Madam Chair, H.R. 6276 directs the OMB and the GSA to establish standards for measuring occupancy in Federal buildings. The bill directs the GSA and Federal tenants to use sensors to measure occupancy, requires the heads of Federal agencies to report occupancy and utilization data, and directs the GSA to notify agencies and Congress when occupancy in a Federal building falls below 60 percent, at which time GSA would be permitted to consolidate tenants.

The bill further requires OMB and GSA to develop a plan to consolidate agency headquarters buildings in the national capital region that will result in the utilization rate of 60 percent or more.

Now, I agree with Representative Perry's goal to reduce agency costs by giving up unneeded space. I have consistently made that point to him and others on the committee.

I am opposed to this bill. The bill defines occupancy as the total number of employees physically working from their offices at least 5 days per week. Many Federal employees may not sit at their desks all day every day, including Federal firefighters, disaster responders, law enforcement officers, Border Patrol agents, food safety inspectors, TSA supervisors, National Parks Service rangers, and more.

These employees would not be included in occupancy counts required by this bill. Also not counted would be the Federal employees who work alternative work schedules. Federal law grants the Office of Personnel Management authority to promulgate regulations to administer alternative work schedule programs and permits agencies to allow the use of flexible schedules.

This authority extends to employees of any executive agency, any military department, and the Library of Congress.

To have an accurate picture of space needs in Federal buildings, all Federal employees occupying buildings should be counted. A full-time employee with an approved work schedule is still a full-time employee. This bill fails to consider that fact.

I have concerns that this bill does not adequately consider the complexity of the Federal leasing process--a process that, frankly, is far too complex.

Directing the OMB and GSA to reduce space if occupancy falls below 60 percent sounds fiscally responsible. However, in most currently leased locations, if agency space is reduced, the government would still be on the hook for the original costs in the lease contract because most existing lease contracts do not include partial termination rights.

In prospective leases, partial termination rights would increase the cost of leases for the government.

Again, I want to work with the chairman and the committee to resize the Federal real estate footprint and reduce costs, not unnecessarily increase those costs. This bill falls short.

After this period of general debate, we are going to move on to debate the seven amendments made in order by the Rules Committee. I will not be opposing any of those amendments, but, unfortunately, the seven amendments do not fix the underlying defects in the bill, so I will still oppose final passage.

I am disappointed the Rules Committee did not make in order the amendment that Representative Titus offered that would have adjusted the calculation of the occupancy rate to include employees with approved alternative work schedules. This fix would have gone a long way toward alleviating my concerns with the legislation. Not allowing even a vote on this amendment is really a missed opportunity for bipartisanship on this bill.

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Mr. LARSON of Connecticut. Madam Chair, I yield 3 minutes to the gentleman from Virginia (Mr. Beyer).

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