[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
1st Session
S. 1868
_______________________________________________________________________
AN ACT
To require an interagency study to produce a security assessment
process on adjacent space to high-security leased space to accommodate
a Federal agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Adjacent Federal Property Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Beneficial owner.--
(A) In general.--The term ``beneficial owner'',
with respect to a covered entity, means each natural
person who, directly or indirectly, through any
contract, arrangement, understanding, relationship, or
otherwise--
(i) exercises substantial control over the
covered entity; or
(ii) owns or controls not less than 25
percent of the ownership interests of, or
receives substantial economic benefits from the
assets of, the covered entity.
(B) Exclusions.--The term ``beneficial owner'',
with respect to a covered entity, does not include--
(i) a minor;
(ii) a person acting as a nominee,
intermediary, custodian, or agent on behalf of
another person;
(iii) a person acting solely as an employee
of the covered entity and whose control over or
economic benefits from the covered entity
derives solely from the employment status of
the person;
(iv) a person whose only interest in the
covered entity is through a right of
inheritance, unless the person also meets the
requirements of subparagraph (A); or
(v) a creditor of the covered entity,
unless the creditor also meets the requirements
of subparagraph (A).
(C) Anti-abuse rule.--The exclusions under
subparagraph (B) shall not apply if, in the
determination of the Administrator, an exclusion is
used for the purpose of evading, circumventing, or
abusing the requirements of this Act.
(3) Control.--The term ``control'', with respect to a
covered entity, means--
(A) having the authority or ability to determine
how the covered entity is utilized; or
(B) having some decisionmaking power for the use of
the covered entity.
(4) Covered entity.--The term ``covered entity'' means--
(A) a person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group; or
(B) any governmental entity or instrumentality of a
government.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(6) Federal agency.--The term ``Federal agency'' means--
(A) an Executive agency; and
(B) any establishment in the legislative or
judicial branch of the Federal Government.
(7) Federal lessee.--
(A) In general.--The term ``Federal lessee''
means--
(i) the Administrator;
(ii) the Architect of the Capitol; and
(iii) the head of any other Federal agency
that has independent statutory leasing
authority.
(B) Exclusions.--The term ``Federal lessee'' does
not include--
(i) the head of an element of the
intelligence community; or
(ii) the Secretary of Defense.
(8) Federal tenant.--
(A) In general.--The term ``Federal tenant'' means
a Federal agency that is occupying or will occupy a
high-security leased space for which a lease agreement
has been secured on behalf of the Federal agency.
(B) Exclusion.--The term ``Federal tenant'' does
not include an element of the intelligence community.
(9) Foreign entity.--The term ``foreign entity'' means--
(A) a corporation, company, business association,
partnership, society, trust, or any other
nongovernmental entity, organization, or group that is
headquartered in or organized under the laws of--
(i) a country that is not the United
States; or
(ii) a State, unit of local government, or
Indian Tribe that is not located within or a
territory of the United States; or
(B) a government or governmental instrumentality
that is not--
(i) the United States Government; or
(ii) a State, unit of local government, or
Indian Tribe that is located within or a
territory of the United States.
(10) Foreign person.--The term ``foreign person'' means an
individual who is not a United States person.
(11) High-security leased adjacent space.--The term ``high-
security leased adjacent space'' means a building or office
space that shares a boundary with or surrounds a high-security
leased space.
(12) High-security leased space.--The term ``high-security
leased space'' means a space leased by a Federal lessee that--
(A) will be occupied by Federal employees for
nonmilitary activities; and
(B) has a facility security level of III, IV, or V,
as determined by the Federal tenant in consultation
with the Interagency Security Committee, the Secretary
of Homeland Security, and the Administrator.
(13) Highest-level owner.--The term ``highest-level owner''
means an entity that owns or controls--
(A) an immediate owner of the offeror of a lease
for a high-security leased adjacent space; or
(B) 1 or more entities that control an immediate
owner of the offeror of a lease described in
subparagraph (A).
(14) Immediate owner.--The term ``immediate owner'' means
an entity, other than the offeror of a lease for a high-
security leased adjacent space, that has direct control of that
offeror, including--
(A) ownership or interlocking management;
(B) identity of interests among family members;
(C) shared facilities and equipment; and
(D) the common use of employees.
(15) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(16) Substantial economic benefits.--The term ``substantial
economic benefits'', with respect to a natural person described
in paragraph (2)(A)(ii), means having an entitlement to the
funds or assets of a covered entity that, as a practical
matter, enables the person, directly or indirectly, to control,
manage, or direct the covered entity.
(17) United states person.--The term ``United States
person'' means an individual who--
(A) is a citizen of the United States; or
(B) is an alien lawfully admitted for permanent
residence in the United States.
SEC. 3. GOVERNMENT-WIDE STUDY.
(a) Coordination Study.--The Administrator, in coordination with
the Director of the Federal Protective Service, the Secretary of
Homeland Security, the Director of the Office of Management and Budget,
and any other relevant entities, as determined by the Administrator,
shall carry out a Government-wide study examining options to assist
agencies (as defined in section 551 of title 5, United States Code) to
produce a security assessment process for high-security leased adjacent
space before entering into a lease or novation agreement with a covered
entity for the purposes of accommodating a Federal tenant located in a
high-security leased space.
(b) Contents.--The study required under subsection (a)--
(1) shall evaluate how to produce a security assessment
process that includes a process for assessing the threat level
of each occupancy of a high-security leased adjacent space,
including through--
(A) site-visits;
(B) interviews; and
(C) any other relevant activities determined
necessary by the Director of the Federal Protective
Service; and
(2) may include a process for collecting and using
information on each immediate owner, highest-level owner, or
beneficial owner of a covered entity that seeks to enter into a
lease with a Federal lessee for a high-security leased adjacent
space, including--
(A) name;
(B) current residential or business street address;
and
(C) an identifying number or document that verifies
identity as a United States person, a foreign person,
or a foreign entity.
(c) Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in coordination with
the Director of Federal Protective Service, the Secretary of
Homeland Security, the Director of the Office of Management and
Budget, and any other relevant entities, as determined by the
Administrator, shall establish a working group to assist in the
carrying out of the study required under subsection (a).
(2) No compensation.--A member of the working group
established under paragraph (1) shall receive no compensation
as a result of serving on the working group.
(3) Sunset.--The working group established under paragraph
(1) shall terminate on the date on which the report required
under subsection (f) is submitted.
(d) Protection of Information.--The Administrator shall ensure that
any information collected pursuant to the study required under
subsection (a) shall not be made available to the public.
(e) Limitation.--Nothing in this section requires an entity located
in the United States to provide information requested pursuant to the
study required under subsection (a).
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator, in coordination with the Director of
Federal Protective Service, the Secretary of Homeland Security, the
Director of the Office of Management and Budget, and any other relevant
entities, as determined by the Administrator, shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report describing--
(1) the results of the study required under subsection (a);
and
(2) how all applicable privacy laws and rights relating to
the First and Fourth Amendments to the Constitution of the
United States would be upheld and followed in--
(A) the security assessment process described in
paragraph (1) of subsection (b); and
(B) the information collection process described in
paragraph (2) of that subsection.
(g) Limitation.--Nothing in this section authorizes a Federal
entity to mandate information gathering unless specifically authorized
by law.
(h) Prohibition.--No information collected pursuant the security
assessment process described in subsection (b)(1) may be used for law
enforcement purposes.
(i) No Additional Funding.--No additional funds are authorized to
be appropriated to carry out this section.
Passed the Senate December 5, 2024.
Attest:
Secretary.
118th CONGRESS
1st Session
S. 1868
_______________________________________________________________________
AN ACT
To require an interagency study to produce a security assessment
process on adjacent space to high-security leased space to accommodate
a Federal agency, and for other purposes.