#aahth ,,congress #ast ,session ,s4 #ahfh ,,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 agency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,secure ,adjacent ,federal ,property ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,beneficial owner 7,a7 ,in general ,the term beneficial owner1 with respect to a covered entity1 means each natural person who1 directly or indirectly1 through any contract1 arrangement1 understanding1 relationship1 or otherwise-- 7i7 exercises substantial control over the covered entity2 or 7ii7 owns or controls not less than #be percent of the ownership interests of1 or receives substantial economic benefits from the assets of1 the covered entity4 7,b7 ,exclusions ,the term beneficial owner1 with respect to a covered entity1 does not include-- 7i7 a minor2 7ii7 a person acting as a nominee1 intermediary1 custodian1 or agent on behalf of another person2 7iii7 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 person2 7iv7 a person whose only interest in the covered entity is through a right of inheritance1 unless the person also meets the requirements of subparagraph 7,a72 or 7v7 a creditor of the covered entity1 unless the creditor also meets the requirements of subparagraph 7,a74 7,c7 ,anti-abuse rule ,the exclusions under subparagraph 7,b7 shall not apply if1 in the determination of the ,administrator1 an exclusion is used for the purpose of evading1 circumventing1 or abusing the requirements of this ,act4 7#c7 ,control ,the term control1 with respect to a covered entity1 means-- 7,a7 having the authority or ability to determine how the covered entity is utilized2 or 7,b7 having some decisionmaking power for the use of the covered entity4 7#d7 ,covered entity ,the term covered entity means-- 7,a7 a person1 corporation1 company1 business association1 partnership1 society1 trust1 or any other nongovernmental entity1 organization1 or group2 or 7,b7 any governmental entity or instrumentality of a government4 7#e7 ,executive agency ,the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code4 7#f7 ,federal agency ,the term ,federal agency means-- 7,a7 an ,executive agency2 and 7,b7 any establishment in the legislative or judicial branch of the ,federal ,government4 7#g7 ,federal lessee 7,a7 ,in general ,the term ,federal lessee means-- 7i7 the ,administrator2 7ii7 the ,architect of the ,capitol2 and 7iii7 the head of any other ,federal agency that has independent statutory leasing authority4 7,b7 ,exclusions ,the term ,federal lessee does not include-- 7i7 the head of an element of the intelligence community2 or 7ii7 the ,secretary of ,defense4 7#h7 ,federal tenant 7,a7 ,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 agency4 7,b7 ,exclusion ,the term ,federal tenant does not include an element of the intelligence community4 7#i7 ,foreign entity ,the term foreign entity means-- 7,a7 a corporation1 company1 business association1 partnership1 society1 trust1 or any other nongovernmental entity1 organization1 or group that is headquartered in or organized under the laws of-- 7i7 a country that is not the ,united ,states2 or 7ii7 a ,state1 unit of local government1 or ,indian ,tribe that is not located within or a territory of the ,united ,states2 or 7,b7 a government or governmental instrumentality that is not-- 7i7 the ,united ,states ,government2 or 7ii7 a ,state1 unit of local government1 or ,indian ,tribe that is located within or a territory of the ,united ,states4 7#aj7 ,foreign person ,the term foreign person means an individual who is not a ,united ,states person4 7#aa7 ,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 space4 7#ab7 ,high-security leased space ,the term high-security leased space means a space leased by a ,federal lessee that-- 7,a7 will be occupied by ,federal employees for nonmilitary activities2 and 7,b7 has a facility security level of ,,iii1 ,,iv1 or ,v1 as determined by the ,federal tenant in consultation with the ,interagency ,security ,committee1 the ,secretary of ,homeland ,security1 and the ,administrator4 7#ac7 ,highest-level owner ,the term highest-level owner means an entity that owns or controls-- 7,a7 an immediate owner of the offeror of a lease for a high-security leased adjacent space2 or 7,b7 #a or more entities that control an immediate owner of the offeror of a lease described in subparagraph 7,a74 7#ad7 ,immediate owner ,the term immediate owner means an entity1 other than the offeror of a lease for a high-security leased adjacent space1 that has direct control of that offeror1 including-- 7,a7 ownership or interlocking management2 7,b7 identity of interests among family members2 7,c7 shared facilities and equipment2 and 7,d7 the common use of employees4 7#ae7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#af7 ,substantial economic benefits ,the term substantial economic benefits1 with respect to a natural person described in paragraph 7#b77;,a77ii71 means having an entitlement to the funds or assets of a covered entity that1 as a practical matter1 enables the person1 directly or indirectly1 to control1 manage1 or direct the covered entity4 7#ag7 ,united states person ,the term ,united ,states person means an individual who-- 7,a7 is a citizen of the ,united ,states2 or 7,b7 is an alien lawfully admitted for permanent residence in the ,united ,states4 #c4 ,government-wide study 7a7 ,coordination study ,the ,administrator1 in coordination with the ,director of the ,federal ,protective ,service1 the ,secretary of ,homeland ,security1 the ,director of the ,office of ,management and ,budget1 and any other relevant entities1 as determined by the ,administrator1 shall carry out a ,government-wide study examining options to assist agencies 7as defined in section #eea of title #e1 ,united ,states ,code7 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 space4 7b7 ,contents ,the study required under subsection 7a7-- 7#a7 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 space1 including through-- 7,a7 site-visits2 7,b7 interviews2 and 7,c7 any other relevant activities determined necessary by the ,director of the ,federal ,protective ,service2 and 7#b7 may include a process for collecting and using information on each immediate owner1 highest-level owner1 or beneficial owner of a covered entity that seeks to enter into a lease with a ,federal lessee for a high-security leased adjacent space1 including-- 7,a7 name2 7,b7 current residential or business street address2 and 7,c7 an identifying number or document that verifies identity as a ,united ,states person1 a foreign person1 or a foreign entity4 7c7 ,working group 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,director of ,federal ,protective ,service1 the ,secretary of ,homeland ,security1 the ,director of the ,office of ,management and ,budget1 and any other relevant entities1 as determined by the ,administrator1 shall establish a working group to assist in the carrying out of the study required under subsection 7a74 7#b7 ,no compensation ,a member of the working group established under paragraph 7#a7 shall receive no compensation as a result of serving on the working group4 7#c7 ,sunset ,the working group established under paragraph 7#a7 shall terminate on the date on which the report required under subsection 7f7 is submitted4 7d7 ,protection of information ,the ,administrator shall ensure that any information collected pursuant to the study required under subsection 7a7 shall not be made available to the public4 7e7 ,limitation ,nothing in this section requires an entity located in the ,united ,states to provide information requested pursuant to the study required under subsection 7a74 7f7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,director of ,federal ,protective ,service1 the ,secretary of ,homeland ,security1 the ,director of the ,office of ,management and ,budget1 and any other relevant entities1 as determined by the ,administrator1 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-- 7#a7 the results of the study required under subsection 7a72 and 7#b7 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-- 7,a7 the security assessment process described in paragraph 7#a7 of subsection 7b72 and 7,b7 the information collection process described in paragraph 7#b7 of that subsection4 7g7 ,limitation ,nothing in this section authorizes a ,federal entity to mandate information gathering unless specifically authorized by law4 7h7 ,prohibition ,no information collected pursuant the security assessment process described in subsection 7b77#a7 may be used for law enforcement purposes4 7i7 ,no additional funding ,no additional funds are authorized to be appropriated to carry out this section4 ,passed the ,senate ,december #e1 #bjbd4,secretary