§ 2890. Rights and responsibilities of tenants of housing units

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2019

   Military Construction Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. B title XXX · 133 Stat. 1198

   Enacted · 10 U.S.C. § 2890

   Added and amended Pub. L. 116–92, div. B, title XXX, §§ 3011(b), 3023, 3024(a), Dec. 20, 2019, 133 Stat. 1917, 1935

   Source evidence

   Code source credit
   Added and amended Pub. L. 116–92, div. B, title XXX, §§ 3011(b), 3023, 3024(a), Dec. 20, 2019, 133 Stat. 1917, 1935

   Enacted provision · exact public law
   TITLE XXX— MILITARY HOUSING PRIVATIZATION REFORM Sec. 3001.  Definitions. Subtitle A— Addition of New Reform Subchapter Sec. 3011.  Improved accountability and oversight of privatized military housing and protections and responsibilities for tenants of privatized military housing. Sec. 3012.  Designation of Chief Housing Officer for privatized military housing. Sec. 3013.  Additional requirements relating to contracts for privatized military housing. Sec. 3014.  Additional requirements relating to management of privatized military housing. Sec. 3015.  Consideration of contractor history in contracts for privatized military housing. Sec. 3016.  Additional improvements for management of privatized military housing. Sec. 3017.  Maintenance work order system for privatized military housing. Sec. 3018.  Access by tenants of privatized military housing to maintenance work order system. Sec. 3019.  Access by tenants to historical maintenance information for privatized military housing. Sec. 3020.  Prohibition on requirement to disclose personally identifiable information in certain requests for maintenance of privatized military housing. Sec. 3021.  Treatment of incentive fees for landlords of privatized military housing for failure to remedy a health or environmental hazard. Sec. 3022.  Dispute resolution process for landlord-tenant disputes regarding privatized military housing and requests to withhold payments during dispute resolution process. Sec. 3023.  Investigation of reports of reprisals relating to privatized military housing and congressional notification. Sec. 3024.  Prohibition on use of nondisclosure agreements in connection with leases of privatized military housing. Subtitle B— Other Amendatory Provisions Sec. 3031.  Installation of carbon monoxide detectors in military family housing. Sec. 3032.  Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing. Sec. 3033.  Treatment of breach of contract for privatized military housing. Sec. 3034.  Modification to requirements for window fall prevention devices in military family housing units. Sec. 3035.  Expansion of direct hire authority for Department of Defense for childcare services providers for Department child development centers to include direct hire authority for installation military housing office personnel. Sec. 3036.  Modification of authority to make payments to lessors of privatized military housing. Sec. 3037.  Technical correction to definition used to make payments to lessors of privatized military housing. Subtitle C— One-Time Reporting Requirements Sec. 3041.  Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing. Sec. 3042.  Plans for creation of councils on privatized military housing. Sec. 3043.  Plan for establishment of Department of Defense jurisdiction over off-base privatized military housing. Sec. 3044.  Inspector General review of Department of Defense oversight of privatized military housing. Sec. 3045.  Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing. Subtitle D— Development of Housing Reform Standards and Processes Sec. 3051.  Uniform code of basic standards for privatized military housing and plan to conduct inspections and assessments. Sec. 3052.  Tool for assessment of hazards in Department of Defense housing. Sec. 3053.  Process to identify and address environmental health hazards in Department of Defense housing. Sec. 3054.  Department of Defense policy on lead-based paint testing on military installations. Sec. 3055.  Standard for minimum credentials for health and environmental inspectors of privatized military housing. Sec. 3056.  Requirements relating to move-in, move-out, and maintenance of privatized military housing. Sec. 3057.  Standardized documentation, templates, and forms for privatized military housing. Sec. 3058.  Satisfaction survey for tenants of military housing. Subtitle E— Other Housing Reform Matters Sec. 3061.  Radon testing of privatized military housing. Sec. 3062.  Mitigation of risks posed by certain items in military family housing units. Sec. 3063.  Suspension of Resident Energy Conservation Program and related programs for privatized military housing. Sec. 3064.  Department of the Army pilot program to build and monitor use of single family homes. SEC. 3001. DEFINITIONS. (a) Definitions Generally.— In this title: (1) The term “landlord” means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under subchapter IV of chapter 169 of title 10, United States Code. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government. (2) The term “privatized military housing” means military housing provided under subchapter IV of chapter 169 of title 10, United States Code. (3) The term “tenant” means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under subchapters IV and V of chapter 169 of title 10, United States Code, in the event of the assignment or deployment of a member. (b) New and Revised Title 10 Definitions.— Section 2871 of title 10, United States Code, is amended— (1) in paragraph (4), by adding at the end the following new sentence: “The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term ‘contract’ for purposes of this subchapter and subchapter V.”; (2) by redesignating paragraphs (7) and (8) as paragraphs (11) and (13), respectively; (3) by inserting after paragraph (6) the following new paragraphs: “(7) The term ‘housing document’ means a document developed by the Secretary of Defense under section 2890 of this title and known as the Military Housing Privatization Initiative Tenant Bill of Rights or the Military Housing Privatization Initiative Tenant Responsibilities. “(8) The term ‘housing unit’ means a unit of family housing or military unaccompanied housing acquired or constructed under this subchapter. “(9) The term ‘incentive fees’ means any amounts payable to a landlord for meeting or exceeding performance metrics as specified in a contract with the Department of Defense. “(10) The term ‘landlord’ means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under this subchapter. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government.” ; and (4) by inserting after paragraph (11), as redesignated by paragraph (2) of this subsection, the following new paragraph: “(12) The term ‘tenant’ means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under this subchapter and subchapter V of this chapter in the event of the assignment or deployment of a member.” . (c) Conforming Amendments to Existing Definitions.— Section 2871 of title 10, United States Code, is further amended in paragraphs (1), (3), and (5) by striking “military” before “housing units”. Subtitle A— Addition of New Reform Subchapter SEC. 3011. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF PRIVATIZED MILITARY HOUSING AND PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING. (a) Applicability of Definitions.— Section 2871 of title 10, United States Code, as amended by section 3001, is further amended in the matter preceding the paragraphs by inserting “and subchapter V of this chapter” after “this subchapter”. (b) Military Housing Privatization Reforms.— Chapter 169 of title 10, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER V— OVERSIGHT OF LANDLORDS AND PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING “§ 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 separate 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 attached 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 responsibility shall not be construed to deny the existence of such a right or responsibility for tenants. “(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract. “(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments. “(b) Elements of Tenant Bill of Rights.— At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units: “(1) The right to reside in a housing unit and community that meets applicable health and environmental standards. “(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces. “(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in section 2892a of this title. “(4) The right to a written lease with clearly defined rental terms to establish tenancy in a housing unit, including any addendums and other regulations imposed by the landlord regarding occupancy of the housing unit and use of common areas. “(5) The right to a plain-language briefing, before signing a lease and 30 days after move-in, by the installation housing office on all rights and responsibilities associated with tenancy of the housing unit, including information regarding the existence of any additional fees authorized by the lease, any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process. “(6) The right to have sufficient time and opportunity to prepare and be present for move-in and move-out inspections, including an opportunity to obtain and complete necessary paperwork. “(7) The right to report inadequate housing standards or deficits in habitability of the housing unit to the landlord, the chain of command, and housing management office without fear of reprisal or retaliation, as provided in subsection (e), including reprisal or retaliation in the following forms: “(A) Unlawful recovery of, or attempt to recover, possession of the housing unit. “(B) Unlawfully increasing the rent, decreasing services, or increasing the obligations of a tenant. “(C) Interference with a tenant’s right to privacy. “(D) Harassment of a tenant. “(E) Refusal to honor the terms of the lease. “(F) Interference with the career of a tenant. “(8) The right of access to a military tenant advocate, as provided in section 2894(b)(4) of this title, through the housing management office of the installation of the Department at which the housing unit is located. “(9) The right to receive property management services provided by a landlord that meet or exceed industry standards and that are performed by professionally and appropriately trained, responsive, and courteous customer service and maintenance staff. “(10) The right to have multiple, convenient methods to communicate directly with the landlord maintenance staff, and to receive consistently honest, accurate, straightforward, and responsive communications. “(11) The right to have access to an electronic work order system through which a tenant may request maintenance or repairs of a housing unit and track the progress of the work. “(12) With respect to maintenance and repairs to a housing unit, the right to the following: “(A) Prompt and professional maintenance and repair. “(B) To be informed of the required time frame for maintenance or repairs when a maintenance request is submitted. “(C) In the case of maintenance or repairs necessary to ensure habitability of a housing unit, to prompt relocation into suitable lodging or other housing at no cost to the tenant until the maintenance or repairs are completed. “(13) The right to receive advice from military legal assistance on procedures involving mechanisms for resolving disputes with the property management company or property manager to include mediation, arbitration, and filing claims against a landlord. “(14) The right to enter into a dispute resolution process, as provided in section 2894 of this title, should all other methods be exhausted and, in which case, a decision in favor of the tenant may include a reduction in rent or an amount to be reimbursed or credited to the tenant. “(15) The right to have the tenant’s basic allowance housing payments segregated and held in escrow, with approval of a designated commander, and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process. “(16) The right to have reasonable, advance notice of any entrance by a landlord, installation housing staff, or chain of command into the housing unit, except in the case of an emergency or abandonment of the housing unit. “(17) The right to not pay non-refundable fees or have application of rent credits arbitrarily held. “(18) The right to expect common documents, forms, and processes for housing units will be the same for all installations of the Department, to the maximum extent applicable without violating local, State, and Federal regulations. “(c) Elements of Tenant Responsibilities.— At a minimum, the Military Housing Privatization Initiative Tenant Responsibilities shall address the following responsibilities of tenants of housing units: “(1) The responsibility to report in a timely manner any apparent environmental, safety, or health hazards of the housing unit to the landlord and any defective, broken, damaged, or malfunctioning building systems, fixtures, appliances, or other parts of the housing unit, the common areas, or related facilities. “(2) The responsibility to maintain standard upkeep of the housing unit as instructed by the housing management office. “(3) The responsibility to conduct oneself as a tenant in a manner that will not disturb neighbors, and to assume responsibility for one’s actions and those of a family member or guest in the housing unit or common areas. “(4) The responsibility not to engage in any inappropriate, unauthorized, or criminal activity in the housing unit or common areas. “(5) The responsibility to allow the landlord reasonable access to the rental home in accordance with the terms of the tenant lease agreement to allow the landlord to make necessary repairs in a timely manner. “(6) The responsibility to read all lease-related materials provided by the landlord and to comply with the terms of the lease agreement, lease addenda, and any associated rules and guidelines. “(d) Submission to Congress and Public Availability.— (1) As part of the budget submission for fiscal year 2021, and biennially thereafter, the Secretary of Defense shall submit the then-current housing documents to the congressional defense committees. “(2) Any change made to a housing document must be submitted to Congress at least 30 days before the change takes effect. “(3) Upon submission of a housing document under paragraph (1) or (2), the Secretary of Defense shall publish the housing document on a publicly available Internet website of the Department of Defense.” . (c) Clerical Amendments.— (1) Table of sections.— Subchapter V of chapter 169 of title 10, United States Code, as added by subsection (b) 10 USC prec. 2890. , is amended by inserting after the subchapter heading the following table of sections: Sec. 2890. Rights and responsibilities of tenants of housing units. 2890a. Chief Housing Officer. 2891. Requirements relating to contracts for provision of housing units. 2891a. Requirements relating to management of housing units. 2891b. Considerations of eligible entity housing history in contracts for privatized military housing. 2891c. Financial transparency. 2892. Maintenance work order system for housing units. 2892a. Access by tenants to historical maintenance information. 2892b. Prohibition on requirement to disclose personally identifiable information in electronic requests for 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. (2) Table of subchapters.— The table of subchapters at the beginning of chapter 169 of title 10, United States 10 USC prec. 2801. Code, is amended by inserting after the item relating to subchapter IV the following new item: “V.  Oversight of Landlords and Protections and Responsibilities for Tenants of Privatized Military Housing SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY HOUSING. (a) Designation Required.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2890 of such title, as added by section 3011 and amended by sections 3023 and 3024, the following new section: “§ 2890a. Chief Housing Officer “(a) Designation.— (1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent of the Senate, a Chief Housing Officer who shall oversee housing units. “(2) The official of the Department of Defense designated as Chief Housing Officer may be assigned duties in addition to the duties as Chief Housing Officer under subsection (b). “(b) Principal Duties.— (1) The Chief Housing Officer shall oversee all aspects of the provision of housing under subchapter IV and this subchapter, including the following: “(A) Creation and standardization of policies and processes regarding housing units. “(B) Oversight of the administration of any Department of Defense-wide policies regarding housing units, to include, in coordination with the Secretaries of the military departments, the housing documents developed pursuant to section 2890 of this title entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities. “(2) The duties specified in paragraph (1) may not be further delegated.” . (b) Notification of Designation.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees of the official of the Department of Defense designated as Chief Housing Officer under section 2890a of title 10, United States Code, as added by subsection (a). Update. Any time the designation of Chief Housing Officer changes, the Secretary of Defense shall update the notification of the congressional defense committees within 30 days after the new designation. SEC. 3013. ADDITIONAL REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED MILITARY HOUSING. (a) In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2890a of such title, as added by section 3012, the following new section: “§ 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 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 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 concerned may submit a claim under paragraph (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 conditions were caused by unsafe and unsanitary conditions of the housing unit; and “(B) the documentation of the medical evaluation 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 publish 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 facilities or through the TRICARE provider network. “(e) Responsibility for Relocation Costs.— “(1) Permanent relocation.— A landlord providing a housing unit shall pay reasonable relocation costs associated with the permanent relocation of a tenant from the housing unit to a different housing due to health or environmental hazards— “(A) present in the housing unit being vacated through no fault of the tenant; and “(B) confirmed by the housing management office of the installation for which the housing unit is provided as making the unit uninhabitable or unable to be remediated safely while tenant occupies the housing unit. “(2) Temporary relocation.— The landlord shall pay reasonable relocation costs and actual costs of living, including per diem, associated with the temporary relocation of a tenant to a different housing unit due to health or environmental hazards— “(A) present in the housing unit being vacated 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 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 individual service calls; “(2) by allowing real-time access to such system by officials of the Department at the installation, major subordinate command, and service-wide levels; and “(3) by allowing the work order or maintenance ticket to be closed only once the tenant and the head of the housing management office of the installation sign off. “(g) Implementation.— The Secretary concerned shall create such legal documents as may be necessary to carry out this section.” . (b) Effective Date.— 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 between the Secretary of a military department and a landlord regarding privatized military housing. (c) Retroactive Landlord Agreements.— (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 documents entered into or renewed before the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing (2) Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to accept the requirements 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 Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance 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 regarding privatized military housing. SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED MILITARY HOUSING. (a) In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891 of such title, as added by section 3013, the following new section: “§ 2891a. Requirements relating to management of housing units “(a) In General.— The Secretary of Defense shall ensure that each contract between the Secretary concerned and a landlord regarding the management of housing units for an installation of the Department of Defense includes the requirements set forth in this section. “(b) Requirements for Installation Commanders.— (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 installation; 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 assigned bio-environmental personnel or contractor 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 management office of an installation shall be responsible for— “(A) conducting a physical inspection of, and approving the habitability of, a vacant housing unit for the installation before the landlord managing the housing unit is authorized to offer the housing unit available for occupancy; “(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 condition of the housing unit and the results of any inspection conducted by the housing management office, landlord, or third-party contractor for the life of the contract relating to that housing unit. “(2) The head of the installation housing management office shall be provided a list of any move-out charges that a landlord seeks to collect from an outgoing tenant. “(3) The head of the installation housing management office shall initiate contact with a tenant 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 structures offered for community managers and regional executives and any bonus structures relating 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 tenant of the housing unit and submit the results to the head of the installation housing management office; and “(B) include with any environmental hazard test results a simple guide explaining those results, preferably citing standards set forth by the Federal Government relating to environmental 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 inspection 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 inspection or an inspection conducted under subsection (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 another inspection by the housing management office. “(5) A landlord providing a housing unit may not conduct any promotional events to encourage tenants to fill out maintenance comment cards or satisfaction surveys of any kind, without 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 Department a ‘Partner of the Year award’ or similar award. “(7) A landlord providing a housing unit may not enter into any form of settlement, nondisclosure, or release of liability agreement with a tenant without— “(A) first notifying the tenant of the tenant’s right to assistance from the legal assistance office at the installation; and “(B) not later than five days before entering into such settlement, nondisclosure, or release of liability agreement, providing a copy of the agreement and terms to the Assistant Secretary of Defense for Sustainment. “(8) A landlord providing a housing unit may not change the position of a prospective tenant on a waiting list for a housing unit or remove a prospective tenant from the waiting list in response to the prospective tenant turning down an offer for a housing unit, if the housing unit is determined unsatisfactory by the prospective tenant and the determination is confirmed by the housing management office and the installation commander. “(9) A landlord providing a housing unit shall allow employees of the housing management office and other officers and employees of the Department to conduct— “(A) with the permission of the tenant of the housing unit as appropriate, physical inspections of the housing unit; and “(B) physical inspections of any common areas maintained by the landlord. “(10) A landlord providing a housing unit shall agree to participate in the dispute resolution and payment-withholding processes established pursuant to section 2894 of this title. “(11) A landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning prospective tenants to housing units provided by the landlord. “(12) A landlord providing a housing unit shall maintain an electronic work order system that enables access by the tenant to view work order history, status, and other relevant information, as required by section 2892 of this title. “(13) A landlord providing a housing unit shall agree to have any agreements or forms to be used by the landlord approved by the Assistant Secretary of Defense for Sustainment, including the following: “(A) A common lease agreement. “(B) Any disclosure or nondisclosure forms that could be given to a tenant. “(e) Prohibition Against Collection of Amounts in Addition to Rent.— (1) A landlord providing a housing unit may not impose on a tenant of the housing unit a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the housing unit, without regard to whether or not the amount of the any basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces is less than the amount of the rent. “(2) Nothing in paragraph (1) shall be construed— “(A) to prohibit a landlord from imposing an additional payment— “(i) for optional services provided to military tenants, such as access to a gym or a parking space; “(ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or “(iii) to recover damages associated with tenant negligence, consistent with subsection (c)(2); or “(B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under section 2876 of this title or to make differential lease payments under section 2877 of this title, so long as such agreements or payments do not require a tenant to pay an out-of-pocket fee or payment in addition to the amount of the any basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces.” . (b) Military Department Implementation Plans.— Not later than February 1, 2020, the Secretary of each military department shall submit to the congressional defense committees a plan for the implementation by that military department of section 2891a of title 10, United States Code, as added by subsection (a). (c) Effective Date.— The requirements set forth in section 2891a 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 between the Secretary of a military department and a landlord regarding privatized military housing. (d) Repeal of Replaced Provision.— (1) Repeal.— Section 2886 of title 10, United States Code, is repealed. (2) Clerical amendment.— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code, 10 USC prec. 2871. is amended by striking the item relating to section 2886. (e) Retroactive Landlord Agreements.— (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 2891a of title 10, United States Code, as added by subsection (a), to appropriate legal documents entered into or renewed before the date of the enactment of this Act between the Secretary of a military department and a landlord regarding privatized military housing (2) Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to accept the requirements set forth in section 2891a 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 Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance 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 regarding privatized military housing. SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS FOR PRIVATIZED MILITARY HOUSING.   Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891a of such title, as added by section 3014, the following new section: “§ 2891b. Considerations of eligible entity housing history in contracts for privatized military housing “(a) Consideration Required.— To assist in making a determination whether to enter into a new contract, or renew an existing contract, with an eligible entity, the Secretary of Defense shall develop a standard process by which the Secretary concerned may evaluate the past performance of the eligible entity for purposes of informing future decisions regarding the award of such a contract. “(b) Elements of Process.— The process developed under subsection (a) shall include, at a minimum, consideration of the following: “(1) Any history of the eligible entity of providing substandard housing. “(2) The recommendation of the commander of the installation for which housing units will be provided under the contract. “(3) The recommendation of the commander of any other installation for which the eligible entity has provided housing units.” . SEC. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED MILITARY HOUSING. (a) Improved Financial Transparency.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891b of such title, as added by section 3015, the following new section: “§ 2891c. Financial transparency “(a) Submission of Landlord Financial Information.— (1) Not less frequently than annually, the Secretary of Defense shall require that each landlord submit to the Secretary a report providing information regarding all housing units provided by the landlord. “(2) Information provided under paragraph (1) by a landlord shall include the following: “(A) A comprehensive summary of the landlord’s financial performance. “(B) The amount of base management fees relating to all housing units provided by the landlord. “(C) The amount of asset management fees relating to such housing units. “(D) The amount of preferred return fees relating to such housing units. “(E) The residual cashflow distributions relating to such housing units. “(F) The amount of deferred fees or other fees relating to such housing units. “(3) In this subsection: “(A) The term ‘base management fees’ means the monthly management fees collected for services associated with accepting and processing rent payments, ensuring tenant rent payments, property inspections, maintenance management, and emergency maintenance calls. “(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 repairs over the lifecycle of the housing unit. “(C) the term ‘preferred return fees’ means fees associated with any claims on profits furnished to preferred investors with an interest in the housing unit. “(D) the term ‘residual cashflow distribution’ means the steps a specific housing project takes to restructure after it is determined 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 obligations of the landlord. “(b) Availability of Information on Use of Incentive Fees.— (1) Not less frequently than annually, the Secretary of Defense shall publish, on a publicly accessible website, information regarding the use by the Secretary concerned of incentive fees to support contracts for the provision or management of housing units. “(2) The information provided under paragraph (1) shall include, with respect to each contract, the following: “(A) The applicable incentive fees. “(B) The metrics used to determine the incentive 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.” . (b) Establishment and Availability of Complaint Database.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2894 of such title, as added by section 3022, the following new section: “§ 2894a. Complaint database “(a) Database Required.— The Secretary of Defense shall establish a database of complaints made regarding housing 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 housing unit to file a complaint regarding the housing unit for inclusion in the database. “(d) Inclusion of Certain Information.— (1) Information accessible in the database regarding a complaint shall include the following: “(A) The name of the installation for which the housing unit is provided. “(B) The name of the landlord responsible for the housing unit. “(C) A description of the nature of the complaint. “(2) The Secretary of Defense may not disclose personally identifiable information through the database. “(e) Response by Landlords.— (1) The Secretary 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 responses in the database.” . (c) Audits of Financial Viability of Privatized Military Housing Partnerships.— (1) Audits required.— The Comptroller General of the United States, in accordance with best audit practices, shall conduct an audit of the financial viability of each partnership for the provision of privatized military housing that the Comptroller General determines were impacted by extreme weather events or other natural disasters occurring during the 36-month period immediately preceding the date of the enactment of this Act. (2) Required information.— The audit under paragraph (1) shall assess the following: (A) The appropriateness of existing insurance caps contained in contracts for privatized military housing. (B) The structure of the cashflow waterfall, including the impact of expenses relating to disaster recovery. (3) Submission to congress.— Not later than February 1, 2021, the Comptroller General shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the audit conducted under paragraph (1). (d) Additional Information in Congressional Reports on Privatized Military Housing.— Section 2884(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs: “(7) An assessment of the condition of housing units based on the average age of those units and the estimated time until recapitalization. “(8) An assessment of tenant complaints. “(9) An assessment of maintenance response times and completion of maintenance requests. “(10) An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord. “(11) An assessment of overall customer service for tenants. “(12) A description of the results of any no-notice housing inspections conducted. “(13) The results of any resident surveys conducted. “(14) With regard to issues of lead-based paint in housing units, a summary of data relating to the presence of lead-based paint in such housing units, including the following by military department: “(A) The total number of housing units containing lead-based paint. “(B) A description of the reasons for the failure to inspect any housing unit that contains lead-based paint. “(C) A description of all abatement or mitigation efforts completed or underway in housing units containing lead-based paint. “(D) A certification as to whether military housing under the jurisdiction of the Secretary concerned complies with requirements relating to lead-based paint, lead-based paint activities, and lead-based paint hazards, as described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).” . SEC. 3017. MAINTENANCE WORK ORDER SYSTEM FOR PRIVATIZED MILITARY HOUSING.   Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2891c of such title, as added by section 3016(a), the following new section: “§ 2892. Maintenance work order system for housing units “(a) Electronic Work Order System Required.— The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all maintenance 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 maintenance work order system of the landlord relating to the housing unit to the following persons: “(1) Personnel of the housing management office at the installation for which the housing unit is provided. “(2) Personnel of the installation and engineer command or center of the military department concerned. “(3) Such other personnel of the Department of Defense as the Secretary determines necessary.” . SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO MAINTENANCE WORK ORDER SYSTEM.   Section 2892 of title 10, United States Code, as added by section 3017, is amended by adding at the end the following new subsection: “(c) Access by Tenants.— The Secretary of Defense 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 maintenance requests relating to the housing unit.” . SEC. 3019. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR PRIVATIZED MILITARY HOUSING.   Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892, as added by section 3017 and amended by section 3018, the following new section: “§ 2892a. Access by tenants to historical maintenance information   “The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to a prospective tenant of the housing unit, before the prospective tenant moves into the housing unit as a tenant, all information regarding maintenance conducted with respect to that housing unit for the previous seven years. Definition. In this section, the term ‘maintenance’ includes any renovations of the housing unit during such period.” . SEC. 3020. PROHIBITION ON REQUIREMENT TO DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION IN CERTAIN REQUESTS FOR MAINTENANCE OF PRIVATIZED MILITARY HOUSING. (a) In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892a of such title, as added by section 3019, the following new section: “§ 2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance   “A landlord responsible for a housing unit may not require the disclosure of personally identifiable information as a part of the submission of a request for maintenance regarding a housing unit or common area when the disclosure of personally identifiable information is not needed to identify the location at which such maintenance will be performed.” . (b) Effective Date.— The prohibition in section 2892b of title 10, United States Code, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 3021. TREATMENT OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR ENVIRONMENTAL HAZARD.   Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2892b of such title, as added by section 3020, the following new section: “§ 2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards   “The Secretary concerned shall not approve the payment of incentive fees otherwise authorized to be paid to a landlord that the Secretary determines has demonstrated a propensity for failing to remedy, or failing to remedy in a timely manner, a health or environmental hazard at a housing unit provided by the landlord.” . SEC. 3022. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS TO WITHHOLD PAYMENTS DURING DISPUTE RESOLUTION PROCESS. (a) In General.— Subchapter V of chapter 169 of title 10, United States Code, as added by section 3011, is amended by inserting after section 2893 of such title, as added by section 3021, the following new section: “§ 2894. Landlord-tenant dispute resolution process and treatment of certain payments during process “(a) Process Required; Purpose.— The Secretary concerned shall implement a standardized formal dispute resolution process to ensure the prompt and fair resolution of disputes that arise between landlords providing housing units and tenants residing in housing units concerning maintenance and repairs, damage claims, rental payments, move-out charges, and such other issues relating to housing units as the Secretary determines appropriate. “(b) Process Elements.— (1) The dispute resolution process shall include the process by which a tenant may request that certain payments otherwise authorized to be paid to a landlord are withheld, as provided in subsection (e). “(2) The process shall designate the installation or regional commander in charge of oversight of housing units as the deciding authority under the dispute resolution process. “(3) The Secretary concerned shall establish a standardized mechanism and forms by which a tenant of a housing unit may submit, through online or other means, a request for resolution of a landlord-tenant dispute through the dispute resolution process. “(4) The Secretary shall ensure that, in preparing a request described in paragraph (3), a tenant has access to advice and assistance from a military housing advocate employed by the military department concerned or a military legal assistance attorney under section 1044 of this title. “(5) The Secretary concerned shall minimize costs to tenants for participation in the dispute resolution process. “(c) Resolution Process.— (1) Not later than 24 hours after receiving a request from a tenant for resolution of a landlord-tenant dispute through the dispute resolution process, the Secretary concerned shall— “(A) notify the tenant that the request has been received; “(B) transmit a copy of the request to the installation or regional commander (as the case may be), housing management office responsible for the housing unit, and the landlord of the housing unit; and “(C) if the request includes a request to withhold payments under subsection (e),initiate the process under such subsection. “(2) For purposes of conducting an assessment necessary to render a decision under the dispute resolution process, both the landlord and representatives of the installation housing management office may access the housing unit at a time and for a duration mutually agreed upon amongst the parties. “(3) Not later than seven days after the date on which the request was received by the installation housing management office shall complete an investigation that includes a physical inspection and transmit the results of the investigation to the installation or regional commander (as the case may be). “(4) Before making any decision with respect to a dispute under the dispute resolution process, the commander shall certify that the commander has solicited recommendations or information relating to the dispute from the following persons: “(A) The chief of the installation housing management office. “(B) A representative of the landlord for the housing unit. “(C) The tenant submitting the request for dispute resolution. “(D) A qualified judge advocate or civilian attorney who is a Federal employee. “(E) If the dispute involves maintenance or another facilities-related matter, a civil engineer. “(5) (A) The commander shall make a decision with respect to a request under the dispute resolution process not later than 30 days after the request was submitted. “(B) The commander may take longer than such 30-day period in limited circumstances as determined by the Secretary of Defense, but in no case shall such a decision be made more than 60 days after the request was submitted. “(6) A final decision will be transmitted to the tenant and landlord no later than 30 days from initial receipt by the office of the commander, except as provided in paragraph (5)(B). “(7) The decision shall include instructions for distribution of any funds that were withheld under subsection (e) and such instructions for the landlord for further remediation as the commander considers necessary. “(8) The decision by the commander under this subsection shall be final. “(d) Effect of Failure to Comply With Decision.— If the landlord responsible for the housing unit does not remediate the issues in a manner consistent with the instructions contained in the decision rendered under subsection (c) and within a reasonable period of time, as provided in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five days during which the issues remain unremediated. “(e) Request to Withhold Payments During Resolution Process.— (1) As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process, the tenant may request that all or part of the payments described in paragraph (2) for lease of the housing unit be withheld from the landlord of the housing unit during the period in which— “(A) the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or “(B) the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located. “(2) Paragraph (1) applies to the following: “(A) Any basic allowance for housing payable to the tenant (including for any dependents of the tenant in the tenant’s household) under section 403 of title 37. “(B) All or part of any pay of a tenant subject to allotment as described in section 2882(c) of this title. “(3) Upon the submission of a request by a tenant under this subsection and under such procedures as the Secretary of Defense shall establish, the Defense Finance and Accounting Service or such other appropriate office of the Department of Defense as the Secretary shall specify for purposes of such procedures, shall tentatively grant the request and hold any amounts withheld in escrow with notice to the landlord until the conclusion of the dispute resolution process. “(f) Disclosure of Rights.— (1) Each housing management office of the Department of Defense shall disclose in writing to each new tenant of a housing unit, upon the signing of the lease for the housing unit, the tenant’s rights under this section and the procedures under this section for submitting a request for resolution of a landlord-tenant dispute through the dispute resolution process, including the ability to submit a request to withhold payments during the resolution process. “(2) The Secretary of Defense shall ensure that each lease entered into with a tenant for a housing unit clearly expresses, in a separate addendum, the dispute resolution procedures. “(g) Rule of Construction on Use of Other Adjudicative Bodies.— Nothing in this section or any other provision of law shall be construed to prohibit a tenant of a housing unit from pursuing a claim against a landlord in any adjudicative body with jurisdiction over the housing unit or the claim.” . (b) Modification of Definition of Military Legal Assistance.— Section 1044(d)(3)(B) of title 10, United States Code, is amended by striking “and 1565b(a)(1)(A)” and inserting “1565b(a)(1)(A), and 2894(b)(4)”. (c) Timing of Establishment.— Not later than 180 days after the date of the enactment of this Act, 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). (d) Landlord Agreements.— (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 subsection (a). (2) Submittal of list to congress.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a list of any landlords that did not agree under paragraph (1) to participate in the dispute resolution and payment-withholding processes. (3) Consideration of lack of agreement in future contracts.— The Secretary of Defense and the Secretaries of the military departments shall include any lack of agreement under paragraph (1) as past performance 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 regarding privatized military housing. SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED MILITARY HOUSING AND CONGRESSIONAL NOTIFICATION.   Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (d) the following new subsection: “(e) Investigation of Reports of Reprisals.— (1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit. “(2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that landlord has retaliated against a member of the armed forces for reporting an issue relating to a housing unit, the Assistant Secretary shall— “(A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable after making that determination; and “(B) following that initial notice, provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation. “(3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.” . SEC. 3024. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN CONNECTION WITH LEASES OF PRIVATIZED MILITARY HOUSING. (a) Nondisclosure Agreements Prohibited.— Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (e), as added by section 3023, the following new subsection: “(f) Prohibition on Use of Nondisclosure Agreements.— (1) A tenant or prospective tenant of a housing unit may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating a lease for the housing unit. Any such agreement against the interests of the tenant is invalid. “(2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.” . (b) Implementation.— The Secretary of Defense and the Secretaries of the military departments shall promulgate such regulations as may be necessary to give full force and effect to subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a). (c) Retroactive Application of Amendment.— Subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (f) regardless of the date on which the agreement was executed. Subtitle B— Other Amendatory Provisions SEC. 3031. INSTALLATION OF CARBON MONOXIDE DETECTORS IN MILITARY FAMILY HOUSING.   Section 2821 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.” . SEC. 3032. AUTHORITY TO FURNISH CERTAIN SERVICES IN CONNECTION WITH USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.   Section 2872a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs: “(13) Street sweeping. “(14) Tree trimming and removal.” . SEC. 3033. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY HOUSING. (a) In General.— Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2872a the following new section: “§ 2872b. Treatment of breach of contract “(a) Response to Material Breach.— In the case of a material breach of contract under this subchapter by a party to the contract, the Secretary concerned shall use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach. “(b) Rescinding of Contract.— If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary may— “(1) rescind the contract pursuant to the terms of the contract; and “(2) prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.” . (b) Clerical Amendment.— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code 10 USC prec. 2871. , is amended by inserting after the item relating to section 2872a the following new item: “2872b. Treatment of breach of contract.”. SEC. 3034. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL PREVENTION DEVICES IN MILITARY FAMILY HOUSING UNITS. (a) Fall Prevention Device Requirements.— Section 2879(a) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards” and inserting “described in paragraph (3)”; (2) in paragraph (2)— (A) in subparagraph (A), by striking “December 11, 2017” and inserting “October 1, 2019”; and (B) in subparagraph (B), by striking “September 1, 2018” and inserting “October 1, 2019”; and (3) by adding at the end the following new paragraph: “(3) Fall prevention device described.— A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).” . (b) Modification to Window Description.— Section 2879(c) of title 10, United States Code, is amended by striking “24” and inserting “42”. (c) Conforming Amendment.— Section 2879(b)(1) of title 10, United States Code, is amended by striking “paragraph (1)” and inserting “paragraph (3)”. SEC. 3035. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CENTERS TO INCLUDE DIRECT HIRE AUTHORITY FOR INSTALLATION MILITARY HOUSING OFFICE PERSONNEL. (a) In General.— Section 559 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406; 10 U.S.C. 1792 note) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “, and individuals to fill vacancies in installation military housing offices,” after “childcare services providers”; (B) in paragraph (1), by inserting “or for employees at installation military housing offices” before the semicolon; and (C) in paragraph (2), by inserting “or for installation military housing office employees” before the period; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection (f): “(f) Installation Military Housing Office Defined.— The term ‘installation military housing office’ means any office whose primary function is performing day-to-day supervision of military housing covered by subchapter IV of chapter 169 of title 10, United States Code.” . (b) Heading and Technical Amendments.— (1) Heading amendment.— The heading of such section is amended to read as follows: “SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CENTERS AND EMPLOYEES AT INSTALLATION MILITARY HOUSING OFFICES.” . (2) Technical amendment.— Subsection (d) of such section is amended by striking “Oversight and Government Reform” and inserting “Oversight and Reform”. (c) Use of Existing Regulations.— The Secretary of Defense shall use the authority in section 559 of the National Defense Authorization Act for Fiscal Year 2018 granted by the amendments made by this section in a manner consistent with the regulations prescribed for purposes of such section 559 pursuant to subsection (b) of such section 559, without the need to prescribe separate regulations for the use of such authority. SEC. 3036. MODIFICATION OF AUTHORITY TO MAKE PAYMENTS TO LESSORS OF PRIVATIZED MILITARY HOUSING. (a) Modification of Payment Authority.— Subsection (a) of section 606 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended to read as follows: “(a) Use of Funds in Connection With MHPI.— “(1) Payments to lessors generally.— “(A) Payment authority.— Each month beginning with the first month after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary of a military department shall use funds, in an amount determined under subparagraph (B), to make payments to lessors of covered housing in the manner provided by this subsection, as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020. “(B) Calculation of monthly payments.— For purposes of making payments under subparagraph (A) for a month, the Secretary of the military department concerned shall determine the amount equal to 2.5 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month. “(2) Additional payments to lessors responsible for underfunded projects.— “(A) Payment authority.— Each month beginning with the first month after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary of a military department shall use funds, in an amount determined under subparagraph (B), to make additional payments to certain lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) for the purposes of future sustainment, recapitalization, and financial sustainability of the projects. “(B) Calculation of monthly payments.— For purposes of making payments under subparagraph (A) for a month, the Secretary of the military department concerned shall determine the amount equal to 2.5 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month. “(C) Identification of underfunded projects.— The Chief Housing Officer of the Department of Defense, in conjunction with the Secretaries of the military departments, shall assess MHPI housing projects for the purpose of identifying all MHPI housing projects that are underfunded. Once identified, the Chief Housing Officer shall prioritize for payments under subparagraph (A) those MHPI housing projects most in need of funding to rectify such underfunding. “(3) Alternative authority in event of lack of underfunded projects.— “(A) In general.— Subject to subparagraph (B), if the Chief Housing Officer determines that no MHPI housing projects for a military department require additional funding under paragraph (2) for a month, the Secretary of the military department concerned, in consultation with the Chief Housing Officer, may allocate the funds otherwise available to the Secretary under such paragraph for that month to support improvements designed to enhance the quality of life of members of the uniformed services and their families who reside in MHPI housing. “(B) Conditions.— Before the Secretary of a military department may allocate funds as authorized by subparagraph (A), the Chief Housing Officer shall certify to the Committees on Armed Services of the Senate and the House of Representatives that there are no MHPI housing projects for the military department require additional funding under paragraph (2). The certification shall include sufficient details to show why no projects are determined to need the additional funds. “(4) Briefing required.— Not later than March 1, 2020, and each year thereafter, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the Senate and the House of Representatives detailing the expenditure of funds under paragraphs (2) and (3), the MHPI housing projects receiving funds under such paragraphs, and any other information the Secretary considers relevant.” . (b) Effective Date.— The amendment made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to months beginning after that date. SEC. 3037. TECHNICAL CORRECTION TO DEFINITION USED TO MAKE PAYMENTS TO LESSORS OF PRIVATIZED MILITARY HOUSING.   Paragraph (3) of section 606(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1796; 10 U.S.C. 2871 note) is amended to read as follows: “(3) The term ‘MHPI housing’ means housing procured, acquired, constructed, or for which any phase or portion of a project agreement was first finalized and signed, under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative), on or before September 30, 2014.” . Subtitle C— One-Time Reporting Requirements SEC. 3041. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR APPROPRIATE OVERSIGHT OF MANAGEMENT OF MILITARY HOUSING CONSTRUCTED OR ACQUIRED USING ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. (a) Report.— Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report containing the following: (1) An evaluation of the extent to which shortages in the number of civilian personnel performing oversight functions at Department of Defense housing management offices or assigned to housing-related functions at headquarters levels contribute to problems regarding the management of privatized military housing. (2) Recommendations to address such personnel shortages— (A) to eliminate problems regarding the management of privatized military housing; (B) to ensure oversight of the partner’s execution of the housing agreement and the delivery of all requirements in accordance with implementing guidance provided by the Secretaries of the military departments; (C) to improve oversight of and expedite the work-order process; and (D) to facilitate a positive experience for members of the Armed Forces and their dependents who reside in privatized military housing. (b) Personnel Recommendations.— As part of the recommendations required by subsection (a)(2), the Secretary of Defense shall identify the following: (1) The number of additional personnel who are required, the installation and headquarter locations at which they will be employed, the employment positions they will fill, and the duties they will perform, including a breakdown of duty requirements by function, such as oversight, home inspectors, and maintenance. (2) The number of such additional personnel already hired as of the date on which the report is submitted and their duty locations and the timeline for employing the remaining required personnel identified under paragraph (1). (3) The estimated cost of employing the additional required personnel identified under paragraph (1). SEC. 3042. PLANS FOR CREATION OF COUNCILS ON PRIVATIZED MILITARY HOUSING. (a) Plans Required.— Not later than February 1, 2020, the Assistant Secretary of each military department shall submit to the congressional defense committees a plan for the creation within the military department concerned of a council on privatized military housing for the purposes of maintaining adequate oversight of the military housing program and serving as a mechanism to identify and resolve problems regarding privatized military housing. (b) Plan Elements.— The plan for a military department shall include— (1) an implementation schedule for the creation the council on privatized military housing; (2) proposed members of the council, which shall include, at a minimum, the Assistant Secretary concerned and a representative from the installation housing offices and the civil engineering community; and (3) the planned frequency of council meetings. SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION OVER OFF-BASE PRIVATIZED MILITARY HOUSING. (a) Plan Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to establish jurisdiction by the Department of Defense for law enforcement and other specified purposes, concurrently with local community law enforcement, at locations with privatized military housing that is not located on an installation of the Department of Defense. (b) Consultation.— The Secretary of Defense shall prepare the plan in consultation with the Secretaries of the military departments. SEC. 3044. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE OVERSIGHT OF PRIVATIZED MILITARY HOUSING.   Not later than one year after the date of the enactment of this Act, and annually thereafter until 2022, the Inspector General of the Department of Defense shall— (1) conduct, at not less than three military installations, a review of the oversight by the Secretary of Defense of privatized military housing at such installations; and (2) make publicly available on a website of the Department a summary of the results of the review. SEC. 3045. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT MILITARY HOUSING. (a) Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the legal services that the Secretary may provide to members of the Armed Forces who have been harmed by a health or environmental hazard while living in military housing. (b) Availability of Information.— The Secretary of the military department concerned shall make the information contained in the report submitted under subsection (a) available to members of the Armed Forces at all installations of the Department of Defense in the United States. Subtitle D— Development of Housing Reform Standards and Processes SEC. 3051. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY HOUSING AND PLAN TO CONDUCT INSPECTIONS AND ASSESSMENTS. (a) Uniform Code.— Not later than February 1, 2021, the Secretary of Defense shall establish and implement a uniform code of basic housing standards for safety, comfort, and habitability for privatized military housing, which shall meet or exceed requirements informed by a nationally recognized, consensus-based, model property maintenance code. (b) Inspection and Assessment Plan.— Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a Department of Defense plan to contract with qualified home inspectors to conduct a thorough inspection and assessment of the structural integrity and habitability of each unit of privatized military housing. The plan shall include the implementation plan for the uniform code to be established under subsection (a). (c) Implementation of Inspections and Assessments.— (1) Implementation.— Not later than February 1, 2021, the Secretary of the military department concerned shall commence conducting inspections and assessments of units of privatized military housing pursuant to the plan submitted under subsection (b) to identify issues and ensure compliance with applicable housing codes, including the uniform code established under subsection (a). (2) Report.— Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the inspections and assessments conducted under paragraph (1). (d) Qualified Home Inspectors Described.— For purposes of this section, a qualified home inspector must possess the appropriate credentials for the work the inspector will perform, as defined by the respective State in which the work will be performed. A qualified home inspector may not be an employee or in a fiduciary relationship with— (1) the Federal Government; or (2) an individual or entity who owns or manages privatized military housing. SEC. 3052. TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE HOUSING. (a) Hazard Assessment Tool.— (1) Development required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment tool, such as a rating system or similar mechanism, to identify and measure health and safety hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing). (2) Components.— The assessment tool shall provide for the identification and measurement of the following hazards: (A) Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, carbon monoxide, and volatile organic compounds. (B) Psychological hazards, including ease of access by unlawful intruders, and lighting issues. (C) Infection hazards. (D) Safety hazards. (3) Public forums.— In developing the assessment tool, the Secretary of Defense shall provide for multiple public forums at which the Secretary may receive input with respect to such assessment tool from occupants of housing under the jurisdiction of the Department of Defense (including privatized military housing). (4) Report.— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment tool. (b) Hazard Assessments.— (1) Assessments required.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool developed under subsection (a)(1), shall complete a hazard assessment for each housing facility under the jurisdiction of the Department of Defense (including privatized military housing). (2) Tenant information.— As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment. SEC. 3053. PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL HEALTH HAZARDS IN DEPARTMENT OF DEFENSE HOUSING. (a) Process Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a process to identify, record, and resolve environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized housing) in a timely manner. (b) Elements of Process.— The process developed under subsection (a) shall provide for the following with respect to each identified environmental health hazard: (1) Categorization of the hazard. (2) Identification of health risks posed by the hazard. (3) Identification of the number of housing occupants potentially affected by the hazard. (4) Recording and maintenance of information regarding the hazard. (5) Resolution of the hazard, which shall include— (A) the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected facility; and (B) follow-up by the Secretary of Defense to collect information on medical care related to the hazard sought or received by individuals affected by the hazard. (c) Coordination.— The Secretary of Defense shall ensure coordination between military treatment facilities, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process required by subsection (a). (d) Report.— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a). SEC. 3054. DEPARTMENT OF DEFENSE POLICY ON LEAD-BASED PAINT TESTING ON MILITARY INSTALLATIONS. (a) Access and Testing Policy.— Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which the Secretary of the military department concerned may permit a qualified individual to access a military installation for the purpose of conducting testing for the presence of lead-based paint on the installation. (b) Transmission of Results.— (1) Installations inside the united states.— In the case of military installations located inside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted the following: (A) The civil engineer of the installation. (B) The housing management office of the installation. (C) The public health organization on the installation. (D) The major subordinate command of the Armed Force with jurisdiction over the installation. (E) If required by law, any relevant Federal, State, and local agencies. (2) Installations outside the united states.— In the case of military installations located outside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation. (c) Definitions.— In this section: (1) The term “United States” has the meaning given that term in section 101(a)(1) of title 10, United States Code. (2) The term “qualified individual” means an individual who is certified by the Environmental Protection Agency or by a State as— (A) a lead-based paint inspector; or (B) a lead-based paint risk assessor. SEC. 3055. STANDARD FOR MINIMUM CREDENTIALS FOR HEALTH AND ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY HOUSING. (a) Development and Submission of Standard.— Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that contains a standard for minimum credentials to be used throughout the Department of Defense for all inspectors of health and environmental hazards at privatized military housing, including inspectors contracted by the Department. (b) Inclusion of Categories for Specific Environmental Hazards.— The standard submitted under subsection (a) shall include categories for specific environmental hazards such as lead, mold, and radon. SEC. 3056. REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND MAINTENANCE OF PRIVATIZED MILITARY HOUSING. (a) Move-in and Move-out Checklist.— (1) Checklist required.— The Secretary of Defense 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 entitled 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 Defense shall— (1) develop a uniform checklist to be used by housing 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 commander of the installation for which the housing is provided. (c) Consultation.— The Secretary of Defense shall carry out this section in consultation with the Secretaries 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. SEC. 3057. STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS FOR PRIVATIZED MILITARY HOUSING. (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 developing 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 housing regulations. (2) Initial guidance.— Not later than 30 days after the date of the enactment of this Act, 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 section 2890 of title 10, United States Code, as added by section 3011, entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities; 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 department shall submit to the congressional defense committees a plan for the implementation of this section by that military department. SEC. 3058. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING. (a) Survey Required.— Not later than March 1, 2020, the Secretary of Defense shall require that each installation of the Department of Defense use the same satisfaction survey for tenants of military housing, including privatized military housing. (b) Form of Survey.— The satisfaction survey required by subsection (a) shall be an electronic survey with embedded privacy and security mechanisms. (c) Privacy and Security Mechanisms.— The privacy and security mechanisms used in the satisfaction survey required by subsection (a)— (1) may include a code unique to the tenant to be surveyed that is sent to the cell phone number of the tenant and required to be entered to access the survey; and (2) in the case of privatized military housing, shall ensure the survey is not shared with the landlord providing the privatized military housing until the survey is reviewed and the results are tallied by Department of Defense personnel. Subtitle E— Other Housing Reform Matters SEC. 3061. RADON TESTING OF PRIVATIZED MILITARY HOUSING. (a) Report.— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report identifying the installations of the Department of Defense that have privatized military housing that should be monitored for levels of radon at or above the action level. (b) Testing Procedures and Standards.— The Secretaries of the military departments shall ensure that landlords providing privatized military housing at installations identified under subsection (a) establish testing procedures that are consistent with then current national consensus standards and are in compliance with applicable Federal, State, and local radon regulations in order to ensure radon levels are below recommended levels established by the Environmental Protection Agency, whether through— (1) regular testing of privatized military housing by persons who possess certification pursuant to the proficiency program operated under section 305(a)(2) of the Toxic Substances Control Act (15 U.S.C. 2665(a)(2)); or (2) the installation of monitoring equipment in privatized military housing. (c) Notification Regarding Need for Mitigation.— If, as a result of testing described in subsection (b), a unit of privatized military housing needs radon mitigation to ensure radon levels are below recommended levels, the landlord providing the housing unit shall submit to the Secretary of the military department concerned, not later than seven days after the determination of the need for radon mitigation, the mitigation plan for the housing unit. SEC. 3062. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY FAMILY HOUSING UNITS. (a) Anchoring of Items by Residents.— The Secretary of Defense shall allow a resident of a military family housing unit to anchor any furniture, television, or large appliance to the wall of the unit for purposes of preventing such item from tipping over without incurring a penalty or obligation to repair the wall upon vacating the unit. (b) Anchoring of Items for All Units.— (1) Existing units.— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit under the jurisdiction of the Department as of the date of the enactment of this Act. (2) New units.— The Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit made available after the date of the enactment of this Act. SEC. 3063. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM AND RELATED PROGRAMS FOR PRIVATIZED MILITARY HOUSING. (a) Suspension Required.— The Secretary of Defense shall suspend the initiative of the Department of Defense known as the Resident Energy Conservation Program and instruct the Secretary of each military department to suspend any program carried out by such Secretary that measures the energy usage for individual units of privatized military housing on installations of the Department of Defense. (b) Term of Suspension.— Subject to subsection (c), the suspension required by subsection (a) shall remain in effect for an installation of the Department of Defense until the Secretary of Defense certifies to the congressional defense committees that 100 percent of the privatized military housing on the installation is individually metered to each respective unit of privatized military housing on the installation military housing unit and the meter accurately measures the energy usage of the unit. (c) Termination.— If the Secretary of Defense is unable to make the certification required by subsection (b) for an installation of the Department of Defense before the end of the two-year period beginning on the date of the enactment of this Act, each program suspended pursuant to subsection (a) at that installation shall terminate at the end of such period. SEC. 3064. DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE FAMILY HOMES. (a) In General.— The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than five single family homes for members of the Army and their families. (b) Location.— The Secretary of the Army shall carry out the pilot program at no less than two installations of the Army located in different climate regions of the United States as determined by the Secretary. (c) Design.— In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy.

   Effective date note
   Pub. L. 116–92, div. B, title XXX, § 3024(c), Dec. 20, 2019, 133 Stat. 1935, provided that: “Subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (f) regardless of the date on which the agreement was executed.”

2. 2019

   Military Construction Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 3023 · 133 Stat. 1198

   Added · 10 U.S.C. § 2890(e)

   Pub. L. 116–92, § 3023, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 116–92, § 3023, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED MILITARY HOUSING AND CONGRESSIONAL NOTIFICATION.   Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (d) the following new subsection: “(e) Investigation of Reports of Reprisals.— (1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit. “(2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that landlord has retaliated against a member of the armed forces for reporting an issue relating to a housing unit, the Assistant Secretary shall— “(A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable after making that determination; and “(B) following that initial notice, provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation. “(3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.” .

   Effective date note
   Pub. L. 116–92, div. B, title XXX, § 3024(c), Dec. 20, 2019, 133 Stat. 1935, provided that: “Subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (f) regardless of the date on which the agreement was executed.”

3. 2019

   Military Construction Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 3024(a) · 133 Stat. 1198

   Added · 10 U.S.C. § 2890(f)

   Pub. L. 116–92, § 3024(a), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 116–92, § 3024(a), added subsec. (f).

   Enacted provision · exact public law section
   (a) Nondisclosure Agreements Prohibited.— Section 2890 of title 10, United States Code, as added by section 3011, is amended by inserting after subsection (e), as added by section 3023, the following new subsection: “(f) Prohibition on Use of Nondisclosure Agreements.— (1) A tenant or prospective tenant of a housing unit may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating a lease for the housing unit. Any such agreement against the interests of the tenant is invalid. “(2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.” .

   Effective date note
   Pub. L. 116–92, div. B, title XXX, § 3024(c), Dec. 20, 2019, 133 Stat. 1935, provided that: “Subsection (f) of section 2890 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (f) regardless of the date on which the agreement was executed.”

4. 2021

   Military Construction Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 2811(b)(1) · 134 Stat. 3388

   Struck · 10 U.S.C. § 2890(b)(15)

   Pub. L. 116–283, § 2811(b)(1), struck out “and held in escrow” after “payments segregated”

   Source evidence

   Code amendment note
   Subsec. (b)(15). Pub. L. 116–283, § 2811(b)(1), struck out “and held in escrow” after “payments segregated”.

   Enacted provision · exact public law section
   (1) in subsection (b)(15), by striking “and held in escrow”;

5. 2021

   Military Construction Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 2811(b)(2) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 2890(e)(2)

   Pub. L. 116–283, § 2811(b)(2), inserted “a” before “landlord” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 116–283, § 2811(b)(2), inserted “a” before “landlord” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting “a” before “landlord”; and

6. 2021

   Military Construction Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 2811(b)(3) · 134 Stat. 3388

   1. Added · 10 U.S.C. § 2890(f)(2)

      Pub. L. 116–283, § 2811(b)(3), added par. (2)

   2. Struck · 10 U.S.C. § 2890(f)(2)

      Pub. L. 116–283, § 2811(b)(3), struck out former par. (2) which read as follows: “Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 116–283, § 2811(b)(3), added par. (2) and struck out former par. (2) which read as follows: “Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.”

   Enacted provision · exact public law section
   (3) in subsection (f), by striking paragraph (2) and inserting the following new subsection: “(2) Paragraph (1) shall not apply to a nondisclosure agreement executed— “(A) as part of the settlement of litigation; or “(B) to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title.” .

7. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 2839(e)(1) · 137 Stat. 136

   Substituted · 10 U.S.C. § 2890(d)(1)

   Pub. L. 118–31, § 2839(e)(1), substituted “each Secretary of a military department” for “the Secretary of Defense”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 118–31, § 2839(e)(1), substituted “each Secretary of a military department” for “the Secretary of Defense”.

   Enacted provision · exact public law section
   (1) by striking “the Secretary of Defense” each place it appears and inserting “each Secretary of a military department”; and

8. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 2839(e) · 137 Stat. 136

   1. Substituted · 10 U.S.C. § 2890(d)(3)

      Pub. L. 118–31, § 2839(e), substituted “each Secretary of a military department” for “the Secretary of Defense”

   2. Substituted · 10 U.S.C. § 2890(d)(3)

      Pub. L. 118–31, § 2839(e), substituted “the military department under the jurisdiction of such Secretary” for “the Department of Defense”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 118–31, § 2839(e), substituted “each Secretary of a military department” for “the Secretary of Defense” and “the military department under the jurisdiction of such Secretary” for “the Department of Defense”.

   Enacted provision · exact public law section
   (e) Amendment to Submissions on Housing Documents.— Section 2890(d) of title 10, United States Code, is amended— (1) by striking “the Secretary of Defense” each place it appears and inserting “each Secretary of a military department”; and (2) by striking “the Department of Defense” and inserting “the military department under the jurisdiction of such Secretary”.

9. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 2822(b)(1) · 137 Stat. 136

   1. Substituted · 10 U.S.C. § 2890(e)(1)

      Pub. L. 118–31, § 2822(b)(1), substituted “Inspector General of the Department of Defense” for “Assistant Secretary of Defense for Sustainment”

   2. Substituted · 10 U.S.C. § 2890(e)(1)

      Pub. L. 118–31, § 2822(b)(1), substituted “tenant” for “member of the armed forces”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 118–31, § 2822(b)(1), substituted “Inspector General of the Department of Defense” for “Assistant Secretary of Defense for Sustainment” and “tenant” for “member of the armed forces”.

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by striking “Assistant Secretary of Defense for Sustainment” and inserting “Inspector General of the Department of Defense”; and (B) by striking “member of the armed forces” and inserting “tenant”;

10. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 2822(b)(2)(A) · 137 Stat. 136

    1. Substituted · 10 U.S.C. § 2890(e)(2)

       Pub. L. 118–31, § 2822(b)(2)(A), in introductory provisions, substituted “Inspector General determines” for “Assistant Secretary of Defense for Sustainment determines”

    2. Substituted · 10 U.S.C. § 2890(e)(2)

       Pub. L. 118–31, § 2822(b)(2)(A), in introductory provisions, substituted “tenant” for “member of the armed forces”

    3. Substituted · 10 U.S.C. § 2890(e)(2)

       Pub. L. 118–31, § 2822(b)(2)(A), in introductory provisions, substituted “Inspector General shall” for “Assistant Secretary shall”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 118–31, § 2822(b)(2)(A), in introductory provisions, substituted “Inspector General determines” for “Assistant Secretary of Defense for Sustainment determines”, “tenant” for “member of the armed forces”, and “Inspector General shall” for “Assistant Secretary shall”.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A)— (i) by striking “Assistant Secretary of Defense for Sustainment” and inserting “Inspector General”; (ii) by striking “member of the armed forces” and inserting “tenant”; and (iii) by striking “Assistant Secretary” and inserting “Inspector General”; and

11. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 2822(b)(2)(B) · 137 Stat. 136

    Substituted · 10 U.S.C. § 2890(e)(2)(B)

    Pub. L. 118–31, § 2822(b)(2)(B), substituted “Inspector General” for “Assistant Secretary”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B). Pub. L. 118–31, § 2822(b)(2)(B), substituted “Inspector General” for “Assistant Secretary”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “Assistant Secretary” and inserting “Inspector General”; and

12. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 2822(b)(3) · 137 Stat. 136

    1. Substituted · 10 U.S.C. § 2890(e)(3)

       Pub. L. 118–31, § 2822(b)(3), substituted “Inspector General of the Department of Defense” for “Assistant Secretary of Defense for Sustainment”

    2. Substituted · 10 U.S.C. § 2890(e)(3)

       Pub. L. 118–31, § 2822(b)(3), substituted “Inspector General of the military department concerned” for “Secretary of the military department concerned”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 118–31, § 2822(b)(3), substituted “Inspector General of the Department of Defense” for “Assistant Secretary of Defense for Sustainment” and “Inspector General of the military department concerned” for “Secretary of the military department concerned”.

    Enacted provision · exact public law section
    (3) in paragraph (3)— (A) by striking “Assistant Secretary of Defense for Sustainment” and inserting “Inspector General of the Department of Defense”; and (B) by striking “Secretary of the military department concerned” and inserting “Inspector General of the military department concerned”.

13. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 § 2823 · 137 Stat. 136

    Added · 10 U.S.C. § 2890(f)(3)

    Pub. L. 118–31, § 2823, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 118–31, § 2823, added par. (3).

    Enacted provision · exact public law section
    SEC. 2823. NOTIFICATION RELATING TO LEGAL COUNSEL FOR NONDISCLOSURE AGREEMENTS.   Section 2890(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) A party presenting a proposed nondisclosure agreement to a tenant shall notify such tenant that such tenant may, not later than 10 business days after such presentation, seek legal counsel with respect to the terms of and implications of entering into such agreement. A tenant may not be required to sign such agreement before the end of such 10-day period.” .

18 of 19 references resolved to an enrolled provision · 1 partial