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10 U.S.C. § 2891 — Untitled legal text

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2891 — Untitled legal text

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

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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. Page 2322 TITLE 10—ARMED FORCES § 2901 CHAPTER 172—STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM Sec. 2901. Strategic Environmental Research and Devel- opment Program. 2902. Strategic Environmental Research and Devel- opment Program Council. 2903. Executive Director. 2904. Strategic Environmental Research and Devel- opment Program Scientific Advisory Board. § 2901. Strategic Environmental Research and Development Program (a) The Secretary of Defense shall establish a program to be known as the ‘‘Strategic Environ- mental Research and Development Program’’. (b) The purposes of the program are as follows: (1) To address environmental matters of con- cern to the Department of Defense and the De- partment of Energy through support for basic and applied research and development of tech- nologies that can enhance the capabilities of the departments to meet their environmental obligations. (2) To identify research, technologies, and other information developed by the Depart- ment of Defense and the Department of En- ergy for national defense purposes that would be useful to governmental and private organi- zations involved in the development of energy technologies and of technologies to address en- vironmental restoration, waste minimization, hazardous waste substitution, and other envi- ronmental concerns, and to share such re- search, technologies, and other information with such governmental and private organiza- tions. (3) To furnish other governmental organiza- tions and private organizations with data, en- hanced data collection capabilities, and en- hanced analytical capabilities for use by such organizations in the conduct of environmental research, including research concerning global environmental change. (4) To identify technologies developed by the private sector that are useful for Department of Defense and Department of Energy defense activities concerning environmental restora- tion, hazardous and solid waste minimization and prevention, hazardous material substi- tution, and provide for the use of such tech- nologies in the conduct of such activities. (Added Pub. L. 101–510, div. A, title XVIII, § 1801(a)(1), Nov. 5, 1990, 104 Stat. 1751.) § 2902. Strategic Environmental Research and Development Program Council (a) There is a Strategic Environmental Re- search and Development Program Council (here- inafter in this chapter referred to as the ‘‘Coun- cil’’). (b) The Council is composed of 12 members as follows: (1) The official within the Office of the Under Secretary of Defense for Research and Engineering who is responsible for science and technology. (2) The Vice Chairman of the Joint Chiefs of Staff. (3) The official within the Office of the Under Secretary of Defense for Acquisition and Sustainment who is responsible for envi- ronmental security. (4) The Assistant Secretary of Energy for Defense programs. (5) The Assistant Secretary of Energy re- sponsible for environmental restoration and waste management. (6) The Director of the Department of En- ergy Office of Science. (7) The Administrator of the Environmental Protection Agency. (8) One representative from each of the Army, Navy, Air Force, and Coast Guard. (9) The Executive Director of the Council (appointed pursuant to section 2903 of this title), who shall be a nonvoting member. (c) The Secretary of Defense shall designate a member of the Council as chairman for each odd numbered fiscal year. The Secretary of Energy shall designate a member of the Council as chairman for each even-numbered fiscal year. (d) The Council shall have the following re- sponsibilities: (1) To prescribe policies and procedures to implement the Strategic Environmental Re- search and Development Program. (2) To enter into contracts, grants, and other financial arrangements, in accordance with other applicable law, to carry out the purposes of the Strategic Environmental Research and Development Program. (3) To prepare an annual report that con- tains the following: (A) A description of activities of the stra- tegic environmental research and develop- ment program carried out during the fiscal year before the fiscal year in which the re- port is prepared. (B) A general outline of the activities planned for the program during the fiscal year in which the report is prepared. (C) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects ex- pected to be started during the fiscal year in which the report is prepared and during the following fiscal year. (D) A summary of the actions of the Stra- tegic Environmental Research and Develop- ment Program Scientific Advisory Board during the year preceding the year in which the report is submitted and any rec- ommendations, including recommendations on program direction and legislation, that the Advisory Board considers appropriate re- garding the program. (4) To promote the maximum exchange of in- formation, and to minimize duplication, re- garding environmentally related research, de- velopment, and demonstration activities through close coordination with the military departments and Defense Agencies, the De- partment of Energy, the Environmental Pro- tection Agency, the National Oceanic and At- mospheric Administration, the National Aero- nautics and Space Administration, other de- partments and agencies of the Federal Govern- ment or any State and local governments, in- cluding the National Science and Technology Council, and other organizations engaged in such activities.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2891 — Requirements relating to contracts for provision of housing units

**(a) In General.—** The requirements of this section condition contracts entered into using the authorities provided to the Secretary concerned under [section 2872 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2872&num=0&edition=prelim) and other authorities 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 decision the commander renders in favor of the tenant in the formal dispute resolution process established pursuant to [section 2894 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2894&num=0&edition=prelim) will be taken into consideration in determining whether to pay or withhold all or part of any incentive 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 responsible for reimbursing the Department of Defense for any costs incurred by the Department to provide the medical evaluations and treatment to the tenant, whether such evaluations and treatment are provided in a military medical treatment facility or through the TRICARE provider network. (2) **Review process.—** — Before the Secretary

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2891 — Requirements relating to contracts for

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 facil

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