Secure Adjacent Federal Property Act of 2023



<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1868

   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

_______________________________________________________________________

                                 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,

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 control over the covered 
                        entity; or
                            (ii) has a substantial interest in 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 used; or
                    (B) having some decision-making 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; and
                    (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 
        covered entity that is headquartered or incorporated in a 
        country that is not 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. GOVERNMENTWIDE 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 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.
    (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 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 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 (e) 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) 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.
                                 &lt;all&gt;
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