10 U.S.C. § 2892 — Maintenance work order system for hous-

Page 2318 TITLE 10—ARMED FORCES § 2892 (B) the term ‘‘asset management fees’’ means fees paid to manage a housing unit for the purpose of ensuring the housing unit is maintained in good condition and making re- pairs over the lifecycle of the housing unit. (C) the term ‘‘preferred return fees’’ means fees associated with any claims on profits fur- nished to preferred investors with an interest in the housing unit. (D) the term ‘‘residual cashflow distribu- tion’’ means the steps a specific housing project takes to restructure after it is deter- mined that the project is in an unacceptable financial condition. (E) the term ‘‘deferred fee’’ means any fee that was not paid to a person in a calendar year in order to meet other financial obliga- tions of the landlord. (b) AVAILABILITY OF INFORMATION ON PERFORM- ANCE METRICS AND USE OF INCENTIVE FEES.—(1) Not less frequently than annually, the Secretary of Defense shall make available, upon request of a tenant, at the applicable installation housing office the following: (A) An assessment of the indicators under- lying the performance metrics for each con- tract for the provision or management of housing units to ensure such indicators ade- quately measure the condition and quality of each housing unit covered by the contract. (B) Information regarding the use by the Secretary concerned of incentive fees to sup- port contracts for the provision or manage- ment of housing units. (2)(A) For purposes of paragraph (1)(A), the in- dicators underlying the performance metrics for a contract for the provision or management of housing units shall measure at a minimum the following: (i) Tenant satisfaction. (ii) Maintenance management. (iii) Safety. (iv) Financial management. (B) An assessment required to be made avail- able under paragraph (1)(A) shall include a de- tailed description of each indicator underlying the performance metrics, including the fol- lowing information: (i) The limitations of available survey data. (ii) How tenant satisfaction and mainte- nance management is calculated. (iii) Whether any relevant data is missing. (3) The information provided under paragraph (1)(B) shall include, with respect to each con- tract for the provision or management of hous- ing units, the following: (A) The applicable incentive fees. (B) The metrics used to determine the incen- tive fees. (C) Whether incentive fees were paid in full, or were withheld in part or in full, during the period covered by the release of information. (D) If any incentive fees were withheld, the reasons for such withholding. (Added Pub. L. 116–92, div. B, title XXX, § 3016(a), Dec. 20, 2019, 133 Stat. 1927; amended Pub. L. 116–283, div. B, title XXVIII, § 2814(a)–(d)(1), Jan. 1, 2021, 134 Stat. 4327, 4328.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 2814(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Financial transparency’’. Subsec. (b). Pub. L. 116–283, § 2814(a)(1), inserted ‘‘Per- formance Metrics and’’ before ‘‘Use of Incentive Fees’’ in heading. Subsec. (b)(1). Pub. L. 116–283, § 2814(a)(2), substituted ‘‘shall make available, upon request of a tenant, at the applicable installation housing office the following: (A) An assessment of the indicators underlying the performance metrics for each contract for the provi- sion or management of housing units to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract. (B) Information’’ for ‘‘shall publish, on a publicly accessible website, in- formation’’. Subsec. (b)(2). Pub. L. 116–283, § 2814(b)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 116–283, § 2814(b)(1), (c), redesig- nated par. (2) as (3) and substituted ‘‘paragraph (1)(B)’’ for ‘‘paragraph (1)’’ and ‘‘each contract for the provi- sion or management of housing units’’ for ‘‘each con- tract’’ in introductory provisions. § 2892. Maintenance work order system for hous- ing units (a) ELECTRONIC WORK ORDER SYSTEM RE- QUIRED.—The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all main- tenance requests relating to the housing unit. (b) ACCESS BY DEPARTMENT PERSONNEL.—The Secretary of Defense shall require each landlord of a housing unit to provide access to the main- tenance work order system of the landlord relat- ing to the housing unit to the following persons: (1) Personnel of the housing management of- fice at the installation for which the housing unit is provided. (2) Personnel of the installation and engi- neer command or center of the military de- partment concerned. (3) Such other personnel of the Department of Defense as the Secretary determines nec- essary. (c) ACCESS BY TENANTS.—The Secretary of De- fense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the tenant of the housing unit to permit the tenant, at a minimum, to track the status and progress of work orders for main- tenance requests relating to the housing unit. (Added and amended Pub. L. 116–92, div. B, title XXX, §§ 3017, 3018, Dec. 20, 2019, 133 Stat. 1930.) Editorial Notes AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92, § 3018, added subsec. (c). § 2892a. Access by tenants to historical mainte- nance information (a) MAINTENANCE INFORMATION FOR PROSPEC- TIVE TENANTS.—The Secretary concerned shall require each eligible entity or subsequent land- lord that offers for lease a housing unit to pro-