USE IT Act of 2023

The definition of 'occupancy' was changed from employees performing duties in person at least 5 days per week on a regular basis to employees actually performing duties in person 40 hours per week regardless of work arrangements. This broadens the count to include hybrid and part-time workers who total 40 hours, potentially increasing measured occupancy and making it harder for agencies to fall below utilization targets.

New Section 7 (Federal Use it or Lose it Leases Act) requires all new GSA occupancy agreements for office space to include annual reporting of monthly occupancy, actual utilization, and space utilization rates, plus written procedures for returning space if utilization falls below 60 percent for 6 months in any 1-year period. Similar reporting is required for agencies with independent leasing authorities. Intelligence community properties are exempt.

A new publishing requirement in Section 4(b) mandates that agency reports be made publicly available on a GSA website, with an exception if the agency head determines publication would be detrimental to national security.

New Section 3(c) requires that any sensors used for occupancy determination be designed to protect all personally identifiable information.

New Section 9 requires agency heads to report to their inspector general any building with capacity of 500 or more employees that has a utilization rate below 20 percent (and is not vacant), and requires the inspector general to investigate for fraud, waste, abuse, or mismanagement.

New Section 8 requires the Comptroller General (GAO) to submit a report within 1 year on the cost to each Federal agency of measuring occupancy and utilization rates, including the cost of deploying new sensors and technologies.

Section 3(b) now specifically includes Personal Identity Verification badge swipe data (isolating only the first credential use of the day per cardholder) as an approved technology for measuring occupancy, in addition to sensors and other technologies.

Section 6(a) on headquarters consolidations now also requires the plan to be submitted to the Comptroller General of the United States, in addition to the House and Senate committees.