10 U.S.C. § 2894a — Complaint database

Page 2321 TITLE 10—ARMED FORCES [§§ 2891, 2892 Subsec. (c)(3). Pub. L. 116–283, § 2811(g)(2)(B), inserted ‘‘business’’ before ‘‘days’’ and ‘‘, such office’’ before ‘‘shall complete’’. Subsec. (c)(4). Pub. L. 116–283, § 2811(g)(2)(C), inserted ‘‘, at a minimum,’’ before ‘‘the following persons’’ in introductory provisions. Subsec. (c)(5). Pub. L. 116–283, § 2811(g)(2)(D), inserted ‘‘calendar’’ before ‘‘days’’ in subpars. (A) and (B). Subsec. (c)(6). Pub. L. 116–283, § 2811(g)(2)(E), added par. (6) and struck out former par. (6) which read as fol- lows: ‘‘A final decision will be transmitted to the ten- ant and landlord no later than 30 days from initial re- ceipt by the office of the commander, except as pro- vided in paragraph (5)(B).’’ Subsecs. (d), (e). Pub. L. 116–283, § 2811(g)(3), added subsecs. (d) and (e) and struck out former subsecs. (d) and (e) which related to effect of failure to comply with decision and request to withhold payments during reso- lution process, respectively. Statutory Notes and Related Subsidiaries TIMING OF ESTABLISHMENT OF DISPUTE RESOLUTION PROCESS Pub. L. 116–92, div. B, title XXX, § 3022(c), Dec. 20, 2019, 133 Stat. 1934, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall establish the dispute resolution process required under section 2894 of title 10, United States Code, as added by subsection (a).’’ LANDLORD AGREEMENTS Pub. L. 116–92, div. B, title XXX, § 3022(d), Dec. 20, 2019, 133 Stat. 1934, provided that: ‘‘(1) IN GENERAL.—Not later than February 1, 2020, the Secretary of Defense shall seek agreement from all landlords to participate in the dispute resolution and payment-withholding processes required under section 2894 of title 10, United States Code, as added by sub- section (a). ‘‘(2) SUBMITTAL OF LIST TO CONGRESS.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a list of any landlords that did not agree under paragraph (1) to participate in the dispute resolution and payment-withholding proc- esses. ‘‘(3) CONSIDERATION OF LACK OF AGREEMENT IN FUTURE CONTRACTS.—The Secretary of Defense and the Secre- taries of the military departments shall include any lack of agreement under paragraph (1) as past perform- ance considered under section 2891b of title 10, United States Code, as added by section 3015, with respect to entering into or renewing any future contracts regard- ing privatized military housing.’’ [For definitions of ‘‘landlord’’ and ‘‘privatized mili- tary housing’’ as used in section 3022(d) of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note under section 2821 of this title.] § 2894a. Complaint database (a) DATABASE REQUIRED.—The Secretary of De- fense shall establish a database of complaints made by a tenant regarding covered dwelling units. (b) PUBLIC AVAILABILITY.—The database shall be available to the public. (c) INCLUSION OF TENANT COMPLAINTS.—The Secretary of Defense shall permit a tenant of a covered dwelling unit to file a complaint regard- ing the covered dwelling unit for inclusion in the database. (d) INCLUSION OF CERTAIN INFORMATION.—(1) In- formation accessible in the database regarding a complaint shall include the following: (A) The name of the installation for which the covered dwelling unit is provided. (B) The name of the landlord responsible for the covered dwelling unit. (C) A description of the nature of the com- plaint. (2) The Secretary of Defense may not disclose personally identifiable information through the database. (e) RESPONSE BY LANDLORDS.—(1) The Sec- retary of Defense shall include in any contract with a landlord responsible for a housing unit a requirement that the landlord respond in a timely manner to any complaints included in the database that relate to the housing unit. (2) The Secretary shall include landlord re- sponses in the database. (f) DEFINITIONS.—In this section: (1) The term ‘‘covered armed force’’ means the Army, Navy, Marine Corps, Air Force, or Space Force. (2) The term ‘‘covered dwelling unit’’ means a unit of accompanied family housing, unac- companied housing, or barracks— (A) that is acquired or constructed pursu- ant to subchapter IV of chapter 169 of this title; (B) in which a member of a covered armed force resides; and (C) that such member does not own. (3) The term ‘‘tenant’’ means any of the fol- lowing: (A) A member of a covered armed force who resides in a covered dwelling unit. (B) A dependent of a member described in subparagraph (A) who resides in a covered dwelling unit. (Added Pub. L. 116–92, div. B, title XXX, § 3016(b), Dec. 20, 2019, 133 Stat. 1929; amended Pub. L. 118–159, div. B, title XXVIII, § 2825(a), Dec. 23, 2024, 138 Stat. 2256.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 2825(a)(1), sub- stituted ‘‘by a tenant regarding covered dwelling units’’ for ‘‘regarding housing units’’. Subsecs. (c), (d). Pub. L. 118–159, § 2825(a)(2), sub- stituted ‘‘covered dwelling unit’’ for ‘‘housing unit’’ in two places. Subsec. (f). Pub. L. 118–159, § 2825(a)(3), added subsec. (f). [CHAPTER 171—REPEALED] [§§ 2891, 2892. Repealed. Pub. L. 104–106, div. A, title X, § 1061(b)(1), Feb. 10, 1996, 110 Stat. 442] Section 2891, added Pub. L. 100–456, div. A, title III, § 342(a)(1), Sept. 29, 1988, 102 Stat. 1959; amended Pub. L. 102–484, div. A, title III, § 372, Oct. 23, 1992, 106 Stat. 2384, required Secretary of Defense to submit to Congress for each of fiscal years 1992, 1993, and 1994, a report regard- ing security and control of Department of Defense sup- plies. Section 2892, added Pub. L. 100–456, div. A, title III, § 342(a)(1), Sept. 29, 1988, 102 Stat. 1960, directed Sec- retary of Defense to require investigations of discrep- ancies in accounting for Department supplies and to separate offices ordering supplies from offices receiving supplies.