Section 1 Short title
This Act may be cited as the “Federal Use it or Lose it Leases Act” or the “FULL Act”.
Federal Use it or Lose it Leases Act
A BILL
To require certain data collection and reporting on space utilization, occupancy, and availability of office space leased by an Executive agency.
Sec. 2 Definitions
In this Act:
Actual utilization— The term “actual utilization” means the percentage of capacity used based on the space utilization rate.
Capacity— The term “capacity” means a usable office space calculated by the square feet of such space divided by 150.
Executive agency— The term “Executive agency” has the meaning given the term in section 105 of title 5, United States Code.
Federal tenant— The term “Federal tenant”—
means an Executive 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
does not include an element of the intelligence community.
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).
Occupancy— The term “occupancy” means the total number of employees performing his or her duties in-person, in office space, at least 5 days per week on a recurring basis.
Space utilization rate— The term “space utilization rate” means total usable square feet divided by occupancy.
Sec. 3 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—
include language that requires the Federal tenant to submit to the Administrator an annual report for the duration of the agreement containing data on—
monthly total occupancy of such office space;
the actual utilization of such office space;
monthly space utilization rates; and
any other office space utilization data considered important by the Administrator; and
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.
Sec. 4 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—
monthly total occupancy of the office space;
the actual utilization of such office space;
monthly space utilization rates; and
any other office space utilization data considered important for collection by Congress.
Sec. 5 Exceptions to reporting and occupancy agreement requirements
This Act shall not apply to properties used by an element of the intelligence community.
Sec. 6 Applicability
The requirements of this Act 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.