NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL PROPERTY TRANSACTIONS.

SEC. 2811. NOTICE-AND-WAIT REQUIREMENTS APPLICABLE TO REAL PROPERTY TRANSACTIONS.(a) Exception for Leases Under Base Closure Process.—Subsection (a)(1)(C) of section 2662 of title 10, United States Code, is amended by inserting after “United States” the following: “(other than a lease or license entered into under section 2667(g) of this title)”.(b) Repeal of Annual Report on Minor Real Estate Transactions.—Subsection (b) of such section is repealed.(c) Geographic Scope of Requirements.—Subsection (c) of such section is amended—(1) by striking “Geographic Scope; Excepted” and inserting “Excepted”;(2) by striking the first sentence; and(3) by striking “It does not” and inserting “This section does not”.(d) Repeal of Notice and Wait Requirement Regarding GSA Leases of Space for DOD.—Subsection (e) of such section is repealed.(e) Additional Reporting Requirements Regarding Leases of Real Property Owned by the United States.—Such section is further amended by inserting after subsection (a) the following new subsection:“(b) Additional Reporting Requirements Regarding Leases of Real Property Owned by the United States.—(1) In the case of a proposed lease or license of real property owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before—“(A) issuing a contract solicitation or other lease offering with regard to the transaction; and“(B) providing public notice regarding any meeting to discuss a proposed contract solicitation with regard to the transaction.“(2) The report under paragraph (3) of subsection (a) shall include the following with regard to a proposed transaction covered by paragraph (1)(C) of such subsection:124 STAT. 4462“(A) A description of the proposed transaction, including the proposed duration of the lease or license.“(B) A description of the authorities to be used in entering into the transaction.“(C) A statement of the scored cost of the entire transaction, determined using the scoring criteria of the Office of Management and Budget.“(D) A determination that the property involved in the transaction is not excess property, as required by section 2667(a)(3) of this title, including the basis for the determination.“(E) A determination that the proposed transaction is directly compatible with the mission of the military installation or Defense Agency at which the property is located and a description of the anticipated long-term use of the property at the conclusion of the lease or license.“(F) A description of the requirements or conditions within the contract solicitation or other lease offering for the person making the offer to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities.“(G) If the proposed lease involves a project related to energy production, a certification by the Secretary of Defense that the project, as it will be specified in the contract solicitation or other lease offering, is consistent with the Department of Defense performance goals and plan required by section 2911 of this title.“(3) The Secretary concerned may not enter into the actual lease or license with respect to property for which the information required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the notice-and-wait requirements of such subsection. The subsequent report shall include the following with regard to the proposed transaction:“(A) A cross reference to the prior report that contained the information submitted under paragraph (2) with respect to the transaction.“(B) A description of the differences between the information submitted under paragraph (2) and the information regarding the transaction being submitted in the subsequent report.“(C) A description of the payment to be required in connection with the lease or license, including a description of any in-kind consideration that will be accepted.“(D) A description of any community support facility or provision of community support services under the lease or license, regardless of whether the facility will be operated by a covered entity (as defined in section 2667(d) of this title) or the lessee or the services will be provided by a covered entity or the lessee.“(E) A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public benefit exception authorized by section 2667(h)(2) of this title, a description of the public benefit to be served by the lease.”.(f) Conforming Amendments.—Such section is further amended—(1) in subsection (a)—124 STAT. 4463(A) in paragraph (1), by striking “the Secretary submits” in the matter preceding subparagraph (A) and inserting “the Secretary concerned submits”; and(B) in paragraph (3), by striking “the Secretary of a military department or the Secretary of Defense” and inserting “the Secretary concerned”;(2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively;(3) in subsection (f), as so redesignated—(A) in paragraph (1), by striking “, and the reporting requirement set forth in subsection (e) shall not apply with respect to a real property transaction otherwise covered by that subsection,”;(B) in paragraph (3), by striking “or (e), as the case may be”; and(C) by striking paragraph (4); and(4) by adding at the end the following new subsection:“(g) Secretary Concerned Defined.—In this section, the term ‘Secretary concerned’ includes, with respect to Defense Agencies, the Secretary of Defense.”.(g) Conforming Amendments to Lease of Non-excess Property Authority.—Section 2667 of such title is amended—(1) in subsection (c), by striking paragraph (4);(2) in subsection (d), by striking paragraph (6);(3) in subsection (e)(1), by striking subparagraph (E); and(4) in subsection (h)—(A) by striking paragraphs (3) and (5); and(B) by redesignating paragraph (4) as paragraph (3).