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 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. Page 2314 TITLE 10—ARMED FORCES § 2891 (2) REVIEW PROCESS.—Before the Secretary concerned may submit a claim under para- graph (1) to a landlord for reimbursement of Department medical evaluation and treatment costs— (A) a military medical professional must determine that the tenant’s medical condi- tions were caused by unsafe and unsanitary conditions of the housing unit; and (B) the documentation of the medical eval- uation showing causation must be sent to the Director of the Defense Health Agency for review and approval. (3) UNIFORM PROCESSES AND PROCEDURES.— Not later than 180 days after the date of the enactment of this section, the Director of the Defense Health Agency shall develop and pub- lish uniform processes and procedures to be used by medical providers in military medical treatment facilities to make determinations regarding whether environmental hazards within housing units serve as causative factors for medical conditions being evaluated and treated in military medical treatment facili- ties or through the TRICARE provider net- work. (e) RESPONSIBILITY FOR RELOCATION COSTS.— (1) PERMANENT RELOCATION.—A landlord pro- viding a housing unit shall pay reasonable re- location costs associated with the permanent relocation of a tenant from the housing unit to a different housing unit due to health or en- vironmental hazards— (A) present in the housing unit being va- cated through no fault of the tenant; and (B) confirmed by the housing management office of the installation for which the hous- ing unit is provided as making the unit un- inhabitable or unable to be remediated safe- ly while the tenant occupies the housing unit. (2) TEMPORARY RELOCATION.—The landlord shall pay reasonable relocation costs and ac- tual costs of living, including per diem, associ- ated with the temporary relocation of a ten- ant to a different housing unit due to health or environmental hazards— (A) present in the housing unit being va- cated through no fault of the tenant; and (B) confirmed by the housing management office of the installation as making the unit uninhabitable or unable to be remediated safely while the tenant occupies the housing unit. (f) MAINTENANCE WORK ORDER SYSTEM.—A landlord providing a housing unit shall ensure that the maintenance work order system of the landlord (hardware and software) is up to date, including— (1) by providing a reliable mechanism through which a tenant may submit work order requests through an Internet portal and mobile application, which shall incorporate the ability to upload photos, communicate with maintenance personnel, and rate indi- vidual service calls; (2) by allowing real-time access to such sys- tem by officials of the Department at the in- stallation, major subordinate command, and service-wide levels; and (3) by allowing the work order or mainte- nance ticket to be closed only once the tenant and the head of the housing management of- fice of the installation sign off. (g) APPLICABILITY OF DISABILITY LAWS.—For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of appli- cation of Department of Defense policy imple- menting section 804 of the Fair Housing Act (42 U.S.C. 3604) and title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.). (h) IMPLEMENTATION.—The Secretary con- cerned shall create such legal documents as may be necessary to carry out this section. (Added Pub. L. 116–92, div. B, title XXX, § 3013(a), Dec. 20, 2019, 133 Stat. 1921; amended Pub. L. 116–283, div. B, title XXVIII, § 2811(c), Jan. 1, 2021, 134 Stat. 4323; Pub. L. 117–81, div. B, title XXVIII, § 2813(a), Dec. 27, 2021, 135 Stat. 2192.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (d)(3), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019. The Americans with Disabilities Act of 1990, referred to in subsec. (g), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title III of the Act is classified generally to subchapter III (§ 12181 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 2891, added Pub. L. 100–456, div. A, title III, § 342(a)(1), Sept. 29, 1988, 102 Stat. 1959; amend- ed 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 regarding security and control of Department of Defense supplies, prior to repeal by Pub. L. 104–106, div. A, title X, § 1061(b)(1), Feb. 10, 1996, 110 Stat. 442. AMENDMENTS 2021—Subsec. (e)(1). Pub. L. 116–283, § 2811(c)(1)(A), in- serted ‘‘unit’’ after ‘‘different housing’’ in introductory provisions. Subsec. (e)(1)(B). Pub. L. 116–283, § 2811(c)(1)(B), in- serted ‘‘the’’ before ‘‘tenant’’. Subsec. (e)(2)(B). Pub. L. 116–283, § 2811(c)(2), inserted ‘‘the’’ before ‘‘tenant’’. Subsecs. (g), (h). Pub. L. 117–81 added subsec. (g) and redesignated former subsec. (g) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. B, title XXX, § 3013(b), Dec. 20, 2019, 133 Stat. 1923, provided that: ‘‘The requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act [Dec. 20, 2019] be- tween the Secretary of a military department and a landlord regarding privatized military housing.’’ [For definitions of ‘‘landlord’’ and ‘‘privatized mili- tary housing’’ as used in section 3013(b) 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.] RETROACTIVE LANDLORD AGREEMENTS Pub. L. 116–92, div. B, title XXX, § 3013(c), Dec. 20, 2019, 133 Stat. 1923, provided that: Page 2315 TITLE 10—ARMED FORCES § 2891a ‘‘(1) IN GENERAL.—Not later than February 1, 2020, the Secretary of Defense shall seek agreement from all landlords to accept the application of the requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a), to appropriate legal docu- ments entered into or renewed before the date of the enactment of this Act [Dec. 20, 2019] between the Sec- retary of a military department and a landlord regard- ing privatized military housing [sic] ‘‘(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 accept the re- quirements set forth in section 2891 of title 10, United States Code, as added by subsection (a). ‘‘(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 3013(c) 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.] § 2891a. Requirements relating to management of housing units (a) IN GENERAL.—The Secretary of Defense shall ensure that each contract between the Sec- retary concerned and a landlord regarding the management of housing units for an installation of the Department of Defense includes the re- quirements set forth in this section. (b) REQUIREMENTS FOR INSTALLATION COM- MANDERS.—(1) The installation commander shall be responsible for— (A) reviewing, on an annual basis, the mold mitigation plan and pest control plan of each landlord managing housing units for the in- stallation; and (B) notifying the landlord and the major subordinate command of any deficiencies found in either plan. (2) In response to a request by the head of the housing management office of an installation, the installation commander shall use the as- signed bio-environmental personnel or con- tractor equivalent at the installation to test housing units for mold, unsafe water conditions, and other health and safety conditions. (c) REQUIREMENTS FOR HOUSING MANAGEMENT OFFICE.—(1) The head of the housing manage- ment office of an installation shall be respon- sible for— (A) conducting a physical inspection of, and approving the habitability of, a vacant hous- ing unit for the installation before the land- lord managing the housing unit is authorized to offer the housing unit available for occu- pancy; (B) conducting a physical inspection of the housing unit upon tenant move-out; and (C) maintaining all test results relating to the health, environmental, and safety condi- tion of the housing unit and the results of any inspection conducted by the housing manage- ment office, landlord, or third-party con- tractor for the life of the contract relating to that housing unit. (2) The head of the installation housing man- agement office shall be provided a list of any move-out charges that a landlord seeks to col- lect from an outgoing tenant. (3) The head of the installation housing man- agement office shall initiate contact with a ten- ant regarding the satisfaction of the tenant with the housing unit of the tenant not later than— (A) 15 days after move-in; and (B) 60 days after move-in. (d) REQUIREMENTS FOR LANDLORDS.—(1) The landlord providing a housing unit shall disclose to the Secretary of Defense any bonus struc- tures offered for community managers and re- gional executives and any bonus structures re- lating to maintenance of housing units, in order to minimize the impact of those incentives on the operating budget of the installation for which the housing units are provided. (2) With respect to test results relating to the health and safety condition of a housing unit, the landlord providing the housing unit shall— (A) not later than three days after receiving the test results, share the results with the ten- ant of the housing unit and submit the results to the head of the installation housing man- agement office; and (B) include with any environmental hazard test results a simple guide explaining those re- sults, preferably citing standards set forth by the Federal Government relating to environ- mental hazards. (3) Before a prospective tenant signs a lease to occupy a housing unit, the landlord providing the housing unit shall conduct a walkthrough inspection of the housing unit— (A) for the prospective tenant; or (B) if the prospective tenant is not able to be present for the inspection, with an official of the housing management office designated by the prospective tenant to conduct the inspec- tion on the tenant’s behalf. (4) In the event that the installation housing management office determines that a housing unit does not meet minimum health, safety, and welfare standards set forth in Federal, State, and local law as a result of a walkthrough in- spection or an inspection conducted under sub- section (c), the landlord providing the housing unit shall remediate any issues and make any appropriate repairs to the satisfaction of the housing management office and subject to an- other inspection by the housing management of- fice. (5) A landlord providing a housing unit may not conduct any promotional events to encour- age tenants to fill out maintenance comment cards or satisfaction surveys of any kind, with- out the approval of the chief of the housing management office. (6) A landlord providing a housing unit may not award an installation of the Department of Defense or an officer or employee of the Depart- ment a ‘‘Partner of the Year award’’ or similar award. (7) A landlord providing a housing unit may not enter into any form of settlement, non- disclosure, or release of liability agreement with a tenant without—