[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Reported in Senate (RS)]
<DOC>
Calendar No. 185
118th CONGRESS
1st Session
S. 1868
[Report No. 118-82]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2023
Mr. Peters (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
July 27, 2023
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Secure Adjacent Federal
Property Act of 2023''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of General Services.</DELETED>
<DELETED> (2) Beneficial owner.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) exercises control over the
covered entity; or</DELETED>
<DELETED> (ii) has a substantial interest in
or receives substantial economic benefits from
the assets of the covered entity.</DELETED>
<DELETED> (B) Exclusions.--The term ``beneficial
owner'', with respect to a covered entity, does not
include--</DELETED>
<DELETED> (i) a minor;</DELETED>
<DELETED> (ii) a person acting as a nominee,
intermediary, custodian, or agent on behalf of
another person;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (v) a creditor of the covered
entity, unless the creditor also meets the
requirements of subparagraph (A).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Control.--The term ``control'', with respect
to a covered entity, means--</DELETED>
<DELETED> (A) having the authority or ability to
determine how the covered entity is used; or</DELETED>
<DELETED> (B) having some decision-making power for
the use of the covered entity.</DELETED>
<DELETED> (4) Covered entity.--The term ``covered entity''
means--</DELETED>
<DELETED> (A) a person, corporation, company,
business association, partnership, society, trust, or
any other nongovernmental entity, organization, or
group; and</DELETED>
<DELETED> (B) any governmental entity or
instrumentality of a government.</DELETED>
<DELETED> (5) Executive agency.--The term ``Executive
agency'' has the meaning given the term in section 105 of title
5, United States Code.</DELETED>
<DELETED> (6) Federal agency.--The term ``Federal agency''
means--</DELETED>
<DELETED> (A) an Executive agency; and</DELETED>
<DELETED> (B) any establishment in the legislative
or judicial branch of the Federal Government.</DELETED>
<DELETED> (7) Federal lessee.--</DELETED>
<DELETED> (A) In general.--The term ``Federal
lessee'' means--</DELETED>
<DELETED> (i) the Administrator;</DELETED>
<DELETED> (ii) the Architect of the Capitol;
and</DELETED>
<DELETED> (iii) the head of any other
Federal agency that has independent statutory
leasing authority.</DELETED>
<DELETED> (B) Exclusions.--The term ``Federal
lessee'' does not include--</DELETED>
<DELETED> (i) the head of an element of the
intelligence community; or</DELETED>
<DELETED> (ii) the Secretary of
Defense.</DELETED>
<DELETED> (8) Federal tenant.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Exclusion.--The term ``Federal
tenant'' does not include an element of the
intelligence community.</DELETED>
<DELETED> (9) Foreign entity.--The term ``foreign entity''
means a covered entity that is headquartered or incorporated in
a country that is not the United States.</DELETED>
<DELETED> (10) Foreign person.--The term ``foreign person''
means an individual who is not a United States
person.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) High-security leased space.--The term ``high-
security leased space'' means a space leased by a Federal
lessee that--</DELETED>
<DELETED> (A) will be occupied by Federal employees
for nonmilitary activities; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (13) Highest-level owner.--The term ``highest-
level owner'' means an entity that owns or controls--</DELETED>
<DELETED> (A) an immediate owner of the offeror of a
lease for a high-security leased adjacent space;
or</DELETED>
<DELETED> (B) 1 or more entities that control an
immediate owner of the offeror of a lease described in
subparagraph (A).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) ownership or interlocking
management;</DELETED>
<DELETED> (B) identity of interests among family
members;</DELETED>
<DELETED> (C) shared facilities and equipment;
and</DELETED>
<DELETED> (D) the common use of employees.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (17) United states person.--The term ``United
States person'' means an individual who--</DELETED>
<DELETED> (A) is a citizen of the United States;
or</DELETED>
<DELETED> (B) is an alien lawfully admitted for
permanent residence in the United States.</DELETED>
<DELETED>SEC. 3. GOVERNMENTWIDE STUDY.</DELETED>
<DELETED> (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 governmentwide study examining
options to assist agencies (as defined is defined in section 551 of
title 5, United States Code) to produce a security assessment process
on 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.</DELETED>
<DELETED> (b) Contents.--The study required under subsection (a)--
</DELETED>
<DELETED> (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 space,
including through--</DELETED>
<DELETED> (A) site-visits;</DELETED>
<DELETED> (B) interviews; and</DELETED>
<DELETED> (C) any other relevant activities
determined necessary by the Director of the Federal
Protective Service; and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) name;</DELETED>
<DELETED> (B) current residential or business street
address; and</DELETED>
<DELETED> (C) an identifying number or document that
verifies identity as a United States person, a foreign
person, or foreign entity.</DELETED>
<DELETED> (c) Working Group.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Sunset.--The working group established under
paragraph (1) shall terminate on the date on which the report
required under subsection (e) is submitted.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) 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--</DELETED>
<DELETED> (1) the results of the study required under
subsection (a); and</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the security assessment process
described in paragraph (1) of subsection (b);
and</DELETED>
<DELETED> (B) the information collection process
described in paragraph (2) of that
subsection.</DELETED>
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.
Calendar No. 185
118th CONGRESS
1st Session
S. 1868
[Report No. 118-82]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 27, 2023
Reported with an amendment