Page:United States Statutes at Large Volume 122.djvu/566

 12 2 STA T .543PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 (3)Howfina n c in g,p a rt n e r sh ips, l egal arrange m ents, leases, or contracts in relation to the pro j ect were str u cture d. ( 4 ) W hich entities, including F ederal entities, are b earing financial ris k for the project, and to what e x tent. ( 5 ) T he remedies a v ailable to the Federal G overnment to restore the transaction to schedule or ensure completion of the terms of the transaction in q uestion at the earliest possible time. ( 6 ) The extent to which the Federal Government has the abilit y to affect the performance of various parties involved in the project. ( 7 ) The remedies available to subcontractors to recoup liens in the case of default, non - payment by the developer or other party to the transaction or lease agreement, or re-structuring. ( 8 ) The remedies available to the Federal Government to affect receivership actions or transfer of ownership of the project. ( 9 ) The names of the developers for the project and any history of previous defaults or bankruptcies by these developers or their affiliates. (c) H OUSINGPR I VAT I Z ATION TRANSA C TION DEF INE D . —I n this section, the term ‘ ‘housing privati z ation transaction ’ ’ means any contract or other transaction for the construction or acquisition of military family housing or military unaccompanied housing entered into under the authority of subchapter I V of chapter 1 69 of title 1 0, U nited S tates C ode. Subti t leB—R e a l Prop ert y a ndF a c ilitie sA d m inistration SEC.28 2 1 . R E QUI RE M E NT T O RE P ORT RE AL PROPERT Y TRANS - ACTIONS RESULTIN G IN ANNUAL COSTS O F MORE T H AN $750, 000. (a) INC L USION OF TRANSACTIONS INVOLVING DEFENSE A GEN- CIES.— (1) R E Q UIRE M ENT TO RE P ORT.—Subsection (a) of section 2 662 of title 10, United States Code, is amended— (A) in paragraph (1), by striking ‘‘, or his designee,’’ and inserting ‘‘or, with respect to a Defense Agency, the Secretary of Defense’’ and ( B ) in paragraph (3), by inserting after ‘‘military department’’ the following

‘‘or the Secretary of Defense’’. (2) ANNUAL REPORT REGARDING MINOR TRANSACTIONS.— Subsection (b) of such section is amended by inserting after ‘‘military department’’ the following: ‘‘and, with respect to Defense Agencies, the Secretary of Defense’’. (3) EX CEPTIONS.—Subsection (g) of such section is amended by adding at the end the following new paragraph: ‘‘(4) In this subsection, the term ‘Secretary concerned’ includes, with respect to Defense Agencies, the Secretary of Defense.’’. (b) INCLUSION OF ADDITIONAL TRANSACTION.—Subsection (a)(1) of such section is amended by adding at the end the following new subparagraph: ‘‘(G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual

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