10 U.S.C. § 2885 — Oversight and accountability for privat-

Page 2309 TITLE 10—ARMED FORCES § 2885 participation of the United States in the contract, con- veyance, or lease and provide a justification of such method of participation.’’ Subsec. (b)(5), (6). Pub. L. 108–375, § 2806(b), added par. (5) and redesignated former par. (5) as (6). 2003—Subsec. (a)(2) to (4). Pub. L. 108–136, § 2807(a), designated second sentence of par. (2) as par. (4) and added par. (3). Subsec. (b)(2). Pub. L. 108–136, § 2807(b)(1), inserted be- fore period at end ‘‘, and such recommendations as the Secretary considers necessary for improving the extent and effectiveness of the use of such authorities in the future’’. Subsec. (b)(3) to (5). Pub. L. 108–136, § 2807(b)(2), added pars. (3) to (5) and struck out former par. (3) which read as follows: ‘‘A description of the objectives of the De- partment of Defense for providing military family housing and military unaccompanied housing for mem- bers of the armed forces.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if in- cluded in Pub. L. 109–163 as enacted. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsecs. (b) and (c) of this section requiring sub- mittal of reports to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. FINAL REPORT Pub. L. 104–106, div. B, title XXVIII, § 2801(b), Feb. 10, 1996, 110 Stat. 551, provided that, not later than Mar. 1, 2000, the Secretary of Defense was to submit to the con- gressional defense committees a report on the use by the Secretary of Defense and the Secretaries of the military departments of the authorities provided by subchapter IV of chapter 169 of this title. § 2885. Oversight and accountability for privat- ization projects (a) OVERSIGHT AND ACCOUNTABILITY MEAS- URES.—Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization projects carried out under this subchapter during the course of the construction or renovation of the housing units. The regulations shall include the fol- lowing requirements for each privatization project: (1) The installation asset manager shall con- duct monthly site visits and provide quarterly reports on the progress of the construction or renovation of the housing units. The reports shall be submitted quarterly to the assistant secretary for installations and environment of the respective military department. (2) The installation asset manager, and, as applicable, the resident construction manager, privatization asset manager, bondholder rep- resentative, project owner, developer, general contractor, and construction consultant for the project shall conduct meetings to ensure that the construction or renovation of the units meets performance and schedule require- ments and that appropriate operating and ground lease agreements are in place and ad- hered to. (3) In the case of a project for new construc- tion, if the project is 90 days or more behind schedule or otherwise appears to be substan- tially failing to adhere to the obligations or milestones under the contract, the assistant secretary for installations and environment of the respective military department shall sub- mit a notice of deficiency to the Assistant Secretary of Defense for Energy, Installations, and Environment, the Secretary concerned, the managing member, and the trustee for the project. (4)(A) Not later than 15 days after the sub- mittal of a notice of deficiency under para- graph (3), the Secretary concerned or des- ignated representative shall submit to the project owner, developer, or general con- tractor responsible for the project a summary of deficiencies related to the project. (B) If the project owner, developer, or gen- eral contractor responsible for the privatiza- tion project is unable, within 60 days after re- ceiving a notice of deficiency under subpara- graph (A), to make progress on the issues out- lined in such notice, the Secretary concerned shall notify, in an electronic medium pursuant to section 480 of this title, the congressional defense committees of the status of the project and include a recommended course of action to correct the problems. (b) REQUIRED QUALIFICATIONS.—The Secretary concerned or designated representative shall en- sure that the project owner, developer, or gen- eral contractor that is selected for each military housing privatization initiative project has con- struction experience commensurate with that required to complete the project. (c) BONDING LEVELS.—The Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project has suf- ficient payment and performance bonds or suit- able instruments in place for each phase of a construction or renovation portion of the project to ensure successful completion of the work in amounts as agreed to in the project’s legal documents, but in no case less than 50 per- cent of the total value of the active phases of the project, prior to the commencement of work for that phase. (d) REPORTING OF EFFORTS TO SELECT SUC- CESSOR IN EVENT OF DEFAULT.—In the event a military housing privatization initiative project enters into default, the assistant secretary for installations and environment of the respective military department shall submit, in an elec- tronic medium pursuant to section 480 of this title, a report to the congressional defense com- mittees every 90 days detailing the status of ne- gotiations to award the project to a new project owner, developer, or general contractor. (e) EFFECT OF NOTICES OF DEFICIENCY ON CON- TRACTORS AND AFFILIATED ENTITIES.—(1) The Secretary concerned shall keep a record of all plans of action or notices of deficiency issued to a project owner, developer, or general con- tractor under subsection (a)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, devel- oper, or contractor. (2) Each military department shall consult all records maintained under paragraph (1) when re- viewing the past performance of owners, devel- Page 2310 TITLE 10—ARMED FORCES [§ 2886 opers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project. (f) FINANCIAL INTEGRITY AND ACCOUNTABILITY MEASURES.—(1) The regulations required by sub- section (a) shall address the following require- ments for each military housing privatization project upon the completion of the construction or renovation of the housing units: (A) The financial health and performance of the privatization project, including the debt- coverage ratio of the project and occupancy rates for the housing units. (B) An assessment of the backlog of mainte- nance and repair of the housing units. (2) If the debt service coverage for a military housing privatization project falls below 1.0 or the occupancy rates for the housing units of the project are below 75 percent for more than one year, the Secretary concerned shall require the development of a plan to address the financial risk of the project. (Added Pub. L. 110–417, div. B, title XXVIII, § 2805(a)(1), Oct. 14, 2008, 122 Stat. 4721; amended Pub. L. 112–239, div. B, title XXVIII, § 2803(a), Jan. 2, 2013, 126 Stat. 2147; Pub. L. 113–66, div. A, title X, § 1084(a)(3), Dec. 26, 2013, 127 Stat. 871; Pub. L. 113–291, div. A, title IX, § 901(n)(2), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 115–91, div. B, title XXVIII, § 2801(d)(4), Dec. 12, 2017, 131 Stat. 1844.) Editorial Notes PRIOR PROVISIONS A prior section 2885, added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 551; amended Pub. L. 105–85, div. A, title X, § 1073(a)(61), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2806], Oct. 30, 2000, 114 Stat. 1654, 1654A–415; Pub. L. 107–107, div. B, title XXVIII, § 2805, Dec. 28, 2001, 115 Stat. 1306, related to expiration of au- thority to enter into a contract under this subchapter, prior to repeal by Pub. L. 108–375, div. B, title XXVIII, § 2805(b)(1), Oct. 28, 2004, 118 Stat. 2122. AMENDMENTS 2017—Subsec. (a)(4)(B). Pub. L. 115–91, § 2801(d)(4)(A), inserted ‘‘, in an electronic medium pursuant to sec- tion 480 of this title,’’ after ‘‘notify’’ and substituted ‘‘and include’’ for ‘‘, and shall provide’’. Subsec. (d). Pub. L. 115–91, § 2801(d)(4)(B), inserted ‘‘, in an electronic medium pursuant to section 480 of this title,’’ after ‘‘submit’’. 2013—Subsec. (a). Pub. L. 112–239, § 2803(a)(2), in intro- ductory provisions, inserted ‘‘during the course of the construction or renovation of the housing units’’ before period at end of first sentence. Subsec. (a)(3). Pub. L. 113–66 substituted ‘‘In the case of a project for new construction, if the project’’ for ‘‘If a project’’. Subsec. (f). Pub. L. 112–239, § 2803(a)(1), added subsec. (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Assistant Secretary of Defense for Energy, Installa- tions, and Environment’’ substituted for ‘‘Deputy Under Secretary of Defense (Installations and Environ- ment)’’ in subsec. (a)(3) on authority of section 901(n)(2) of Pub. L. 113–291, set out as a References note under section 131 of this title. [§ 2886. Repealed. Pub. L. 116–92, div. B, title XXX, § 3014(d)(1), Dec. 20, 2019, 133 Stat. 1926] Section, added Pub. L. 115–91, div. A, title VI, § 602(a), Dec. 12, 2017, 131 Stat. 1417, prohibited collection of amounts in addition to rent from members assigned to military family housing units or military unaccom- panied housing units. See section 2891a(f) of this title. SUBCHAPTER V—OVERSIGHT OF LAND- LORDS AND PROTECTIONS AND RESPON- SIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING Sec. 2890. Rights and responsibilities of tenants of hous- ing units. [2890a. Renumbered.] 2891. Requirements relating to contracts for provi- sion of housing units. 2891a. Requirements relating to management of housing units. 2891b. Considerations of eligible entity housing his- tory in contracts for privatized military housing. 2891c. Transparency regarding finances and per- formance metrics. 2892. Maintenance work order system for housing units. 2892a. Access by tenants to historical maintenance information. 2892b. Prohibition on requirement to disclose per- sonally identifiable information in requests for certain maintenance. 2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards. 2894. Landlord-tenant dispute resolution process and treatment of certain payments during process. 2894a. Complaint database. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. B, title XXVIII, §§ 2811(k)(1)(B), (2), 2814(d)(2), Jan. 1, 2021, 134 Stat. 4326, 4328, added items 2891c and 2892b and struck out former items 2890a ‘‘Chief Housing Officer’’, 2891c ‘‘Financial transparency’’, and 2892b ‘‘Prohibition on requirement to disclose personally identifiable information in elec- tronic requests for maintenance’’. § 2890. Rights and responsibilities of tenants of housing units (a) DEVELOPMENT OF TENANT BILL OF RIGHTS AND TENANT RESPONSIBILITIES DOCUMENTS.—(1) The Secretary of Defense shall develop two sepa- rate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units. (2) The Secretary of each military department shall ensure that the housing documents are at- tached to each lease agreement for a housing unit. (3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or re- sponsibility shall not be construed to deny the existence of such a right or responsibility for tenants. (4) Each contract between the Secretary con- cerned and a landlord shall incorporate the housing documents and guarantee the rights and