10 U.S.C. § 2890a — Untitled legal text

Page 2313 TITLE 10—ARMED FORCES § 2891 of section 2890 of title 10, United States Code, as added by subsection (a).’’ IMPLEMENTATION OF COMPTROLLER GENERAL REC- OMMENDATIONS RELATING TO STRENGTHENING OVER- SIGHT OF PRIVATIZED MILITARY HOUSING Pub. L. 118–31, div. B, title XXVIII, § 2825, Dec. 22, 2023, 137 Stat. 752, provided that: ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall implement each rec- ommendation of the Comptroller General of the United States contained in the report titled ‘DOD Can Further Strengthen Oversight of Its Privatized Housing Pro- gram’ (GAO–23–105377), dated April 6, 2023, and reissued with revisions on April 20, 2023. ‘‘(b) NON-IMPLEMENTATION REPORTING REQUIREMENT.— If the Secretary elects not to implement any such rec- ommendation, the Secretary shall, not later than one year after the date of the enactment of this Act, sub- mit to the Committees on Armed Services of the Sen- ate and the House of Representatives a report that in- cludes a justification for such election.’’ REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND MAINTENANCE OF PRIVATIZED MILITARY HOUSING Pub. L. 116–92, div. B, title XXX, § 3056, Dec. 20, 2019, 133 Stat. 1944, provided that: ‘‘(a) MOVE-IN AND MOVE-OUT CHECKLIST.— ‘‘(1) CHECKLIST REQUIRED.—The Secretary of De- fense shall develop a uniform move-in and move-out checklist for use by landlords providing privatized military housing and by tenants of such housing. ‘‘(2) REQUIRED MOVE-IN ELEMENT.—A tenant who will occupy a unit of privatized military housing is enti- tled to be present for an inspection of the housing unit before accepting occupancy of the housing unit to ensure that the unit is habitable and that facilities and common areas of the building are in good repair. ‘‘(3) REQUIRED MOVE-OUT ELEMENT.—A tenant of a unit of privatized military housing is entitled to be present for the move-out inspection of the housing unit and must be given sufficient time to address any concerns related to the tenant’s occupancy of the housing unit. ‘‘(b) MAINTENANCE CHECKLIST.—The Secretary of De- fense shall— ‘‘(1) develop a uniform checklist to be used by hous- ing management offices to validate the completion of all maintenance work related to health and safety issues at privatized military housing; and ‘‘(2) require that all maintenance issues and work orders related to health and safety issues at privatized military housing be reported to the com- mander of the installation for which the housing is provided. ‘‘(c) CONSULTATION.—The Secretary of Defense shall carry out this section in consultation with the Secre- taries of the military departments. ‘‘(d) DEADLINE.—The uniform checklists required by this section shall be completed not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019].’’ [For definitions of ‘‘landlord’’, ‘‘privatized military housing’’, and ‘‘tenant’’ as used in section 3056 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.] STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS FOR PRIVATIZED MILITARY HOUSING Pub. L. 116–92, div. B, title XXX, § 3057, Dec. 20, 2019, 133 Stat. 1945, provided that: ‘‘(a) DEVELOPMENT REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall develop standardized documentation, templates, and forms for use throughout the Department of Defense with respect to privatized military housing. In devel- oping such documentation, templates, and forms, the Secretary shall ensure that, to the maximum extent practicable, the documentation, templates, and forms do not conflict with applicable State and local hous- ing regulations. ‘‘(2) INITIAL GUIDANCE.—Not later than 30 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall issue guidance for the development of the following: ‘‘(A) Policies and standard operating procedures of the Department for privatized military housing. ‘‘(B) A universal lease agreement for privatized military housing that includes— ‘‘(i) the documents developed pursuant to sec- tion 2890 of title 10, United States Code, as added by section 3011, entitled Military Housing Privat- ization Initiative Tenant Bill of Rights and Mili- tary Housing Privatization Initiative Tenant Re- sponsibilities; and ‘‘(ii) any lease addendum required by the law of the State in which the unit of privatized military housing is located. ‘‘(3) CONSULTATION.—The Secretary of Defense shall carry out this subsection in consultation with the Secretaries of the military departments. ‘‘(b) MILITARY DEPARTMENT PLANS.—Not later than February 1, 2020, the Secretary of each military depart- ment shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a plan for the implementation of this section by that military department.’’ [For definition of ‘‘privatized military housing’’ as used in section 3057 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.] [§ 2890a. Renumbered § 2851a] § 2891. Requirements relating to contracts for provision of housing units (a) IN GENERAL.—The requirements of this sec- tion condition contracts entered into using the authorities provided to the Secretary concerned under section 2872 of this title and other au- thorities provided under subchapter IV of this chapter and this subchapter. (b) EXCLUSION OF CERTAIN EMPLOYEES.—A landlord providing a housing unit shall prohibit any employee of the landlord who commits work-order fraud under the contract from doing any work under the contract. (c) DISPUTE RESOLUTION PROCESS.—Any deci- sion the commander renders in favor of the ten- ant in the formal dispute resolution process es- tablished pursuant to section 2894 of this title will be taken into consideration in determining whether to pay or withhold all or part of any in- centive fees for which a landlord may otherwise be eligible under the contract. (d) RESPONSIBILITY FOR CERTAIN MEDICAL COSTS.— (1) REIMBURSEMENT REQUIRED UNDER CERTAIN CIRCUMSTANCES.—If the Secretary concerned finds that a landlord fails to maintain safe and sanitary conditions for a housing unit under the contract and that, subject to paragraph (2), these conditions result in a tenant of the housing unit receiving medical evaluations and treatment, the landlord shall be respon- sible for reimbursing the Department of De- fense for any costs incurred by the Depart- ment to provide the medical evaluations and treatment to the tenant, whether such evalua- tions and treatment are provided in a military medical treatment facility or through the TRICARE provider network.