§585. Lease agreements
(a)
(1)
(2)
(b)
(1)
(A) determines that an unexpired portion of a lease of space to the Government is surplus property; and
(B) disposes of the property by sublease.
(2)
(c)
(d) Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021, pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 585(a) | 40:490(h)(1). | June 30, 1949, ch. 288, title II, §210(h)(1), as added
|
| 40:490e. |
|
|
| 585(b) | 40:490(h)(2). | June 30, 1949, ch. 288, title II, §210(h)(2), as added
|
| 585(c) | 40:490d. |
|
In subsection (b)(2), the words "Federal Buildings Fund" are substituted for "buildings management fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).
Editorial Notes
Amendments
2022-Subsec. (d).
Statutory Notes and Related Subsidiaries
Secure Federal Leases from Espionage And Suspicious Entanglements
"SECTION 1. SHORT TITLE; FINDINGS.
"(a)
"(b)
"(1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords;
"(2) the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so;
"(3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and
"(4) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, 'leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(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)
"(i) a minor child;
"(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)
"(2)
"(A) having the authority or ability to determine how a covered entity is utilized; or
"(B) having some decision-making power for the use of a covered entity.
"(3)
"(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.
"(4)
"(5)
"(6)
"(A) means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and
"(B) does not include the head of an element of the intelligence community.
"(7)
"(A) 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; and
"(B) does not include an element of the intelligence community.
"(8)
"(9)
"(10)
"(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 Department of Homeland Security, and the General Services Administration.
"(11)
"(12)
"(13)
"(14)
"(15)
"(A) is a citizen of the United States; or
"(B) is an alien lawfully admitted for permanent residence in the United States.
"(16)
"SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or
"(B) the information required to be provided relating to each such immediate or highest-level owner.
"SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS.
"(a)
"(b)
"(1)
"(A) Name.
"(B) Current residential or business street address.
"(C) An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity.
"(2) Disclosures and notifications.-The plan described in subsection (a) shall-
"(A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person;
"(B) require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and
"(C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles.
"(c)
"(1) not later than 1 year after the date of enactment of this Act [Dec. 31, 2020], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives;
"(2) not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and
"(3) not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2).
"SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE.
"A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that-
"(1) the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not-
"(A) maintain access to the high-security leased space; or
"(B) have access to the high-security leased space without prior approval from the Federal tenant;
"(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and
"(3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property.
"SEC. 6. AGENCY NOTIFICATIONS.
"Not later than 60 days after the date of enactment of this Act [Dec. 31, 2020], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act.
"SEC. 7. APPLICABILITY.
"Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act."
Lease of Building Space by Wholly Owned Government Corporations
Act July 30, 1947, ch. 358, title III, §306,