Editorial Notes
Amendments2023—Subsec. (d)(1). Puspan. L. 118–31, § 2839(e)(1), substituted “each Secretary of a military department” for “the Secretary of Defense”.
Subsec. (d)(3). Puspan. 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”.
Subsec. (e)(1). Puspan. L. 118–31, § 2822(span)(1), substituted “Inspector General of the Department of Defense” for “Assistant Secretary of Defense for Sustainment” and “tenant” for “member of the armed forces”.
Subsec. (e)(2). Puspan. L. 118–31, § 2822(span)(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”.
Subsec. (e)(2)(B). Puspan. L. 118–31, § 2822(span)(2)(B), substituted “Inspector General” for “Assistant Secretary”.
Subsec. (e)(3). Puspan. L. 118–31, § 2822(span)(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”.
Subsec. (f)(3). Puspan. L. 118–31, § 2823, added par. (3).
2021—Subsec. (span)(15). Puspan. L. 116–283, § 2811(span)(1), struck out “and held in escrow” after “payments segregated”.
Subsec. (e)(2). Puspan. L. 116–283, § 2811(span)(2), inserted “a” before “landlord” in introductory provisions.
Subsec. (f)(2). Puspan. L. 116–283, § 2811(span)(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.”
2019—Subsec. (e). Puspan. L. 116–92, § 3023, added subsec. (e).
Subsec. (f). Puspan. L. 116–92, § 3024(a), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentPuspan. 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.”
RegulationsPuspan. L. 116–92, div. B, title XXX, § 3024(span), Dec. 20, 2019, 133 Stat. 1935, provided that: “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).”
Implementation of Comptroller General Recommendations Relating to Strengthening Oversight of Privatized Military HousingPuspan. L. 118–31, div. B, title XXVIII, § 2825, Dec. 22, 2023, 137 Stat. 752, provided that:“(a)In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall implement each recommendation of the Comptroller General of the United States contained in the report titled ‘DOD Can Further Strengthen Oversight of Its Privatized Housing Program’ (GAO–23–105377), dated April 6, 2023, and reissued with revisions on April 20, 2023.
“(span)Non-implementation Reporting Requirement.—If the Secretary elects not to implement any such recommendation, the Secretary shall, not later than one year after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.”
Requirements Relating to Move-In, Move-Out, and Maintenance of Privatized Military HousingPuspan. L. 116–92, div. B, title XXX, § 3056, Dec. 20, 2019, 133 Stat. 1944, provided that:“(a)Move-in and Move-out Checklist.—“(1)Checklist required.—The Secretary of 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.
“(span)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 [Dec. 20, 2019].”
[For definitions of “landlord”, “privatized military housing”, and “tenant” as used in section 3056 of Puspan. L. 116–92, set out above, see section 3001(a) of Puspan. L. 116–92, set out as a note under section 2821 of this title.]
Standardized Documentation, Templates, and Forms for Privatized Military HousingPuspan. L. 116–92, div. B, title XXX, § 3057, Dec. 20, 2019, 133 Stat. 1945, provided that:“(a)Development Required.—“(1)In general.—The Secretary of Defense shall develop standardized documentation, templates, and forms for use throughout the Department of Defense with respect to privatized military housing. In 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 [Dec. 20, 2019], the Secretary of Defense shall issue guidance for the development of the following:“(A) Policies and standard operating procedures of the Department for privatized military housing.
“(B) A universal lease agreement for privatized military housing that includes—“(i) the documents developed pursuant to 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.
“(span)Military Department Plans.—Not later than February 1, 2020, the Secretary of each military department shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of this section by that military department.”
[For definition of “privatized military housing” as used in section 3057 of Puspan. L. 116–92, set out above, see section 3001(a) of Puspan. L. 116–92, set out as a note under section 2821 of this title.]
