12 2 STA T .47 2 6PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8‘ ‘ (A)theS e cr et a r yof a mil itary d e p artme n t ,w ith re s pect to matters concernin g that military department
and ‘‘( B ) the Secretary of D efense, with respect to matters concerning the Defense Agencies .’ ’. ( b ) PROHIB I T IO N ON LEAS EBA CKW ITH EX CESSI V E ANN U A L PA Y-M ENTS. — S u bsection (b) of such section is amended— ( 1 ) by stri k ing ‘‘and’’ at the end of paragraph ( 5 ); ( 2 ) by striking the period at the end of paragraph ( 6 ) and inserting ‘‘; and’’; and ( 3 ) by adding at the end the following new paragraph
‘‘( 7 ) may not pro v ide for a leaseback by the Secretary concerned with an annual payment in e x cess of $ 5 0 0,000.’’. (c) I M P ROVE DC ON G RESSIONAL N OTI F ICATION R E Q UIREMENTS.— Paragraph ( 4 ) of subsection (c) of such section is amended to read as follows: ‘‘(4)(A) Not later than 30 days before issuing a contract solicita- tion or other lease offering under this section for a lease whose annual payment, including any in-kind consideration to be accepted under subsection (b)(5) or this subsection, will exceed $750,000, the Secretary concerned shall submit to the congressional defense committees a report containing— ‘‘(i) a description of the proposed lease, including the pro- posed duration of the lease; ‘‘(ii) a description of the authorities to be used in entering the lease and the intended participation of the U nited States in the lease, including a j ustification of the intended method of participation; ‘‘(iii) a statement of the scored cost of the lease, determined using the scoring criteria of the O ffice of M anagement and Budget; ‘‘(iv) a determination that the property involved in the lease is not excess property, as re q uired by subsection (a)(3), including the basis for the determination; ‘‘(v) a determination that the proposed lease is directly compatible with the mission of the military installation or Defense Agency whose property is to be subject to the lease and the anticipated long-term use of the property at the conclu- sion of the lease; and ‘‘(vi) a description of the requirements or conditions within the contract solicitation or other lease offering for the offeror to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities. ‘‘(B) In the case of a lease described in subparagraph (A), the Secretary concerned also shall submit to the congressional defense committees a report at least 30 days before the date on which the Secretary concerned enters into a lease the following information: ‘‘(i) A copy of the report submitted under subparagraph (A). ‘‘(ii) A description of the differences between the report submitted under that subparagraph and the new report. ‘‘(iii) A description of the lessee payment required under this section.’’. (d) CONFORMING AMENDMENTS TO REFERENCES TO MILITARY DEPARTMENTS AND INSTALLATIONS.— Deadlin e s.R e port s.
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