10 USC 2891 - Requirements relating to contracts for provision of housing units

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (d)(3), is the date of enactment of Puspan. L. 116–92, which was approved Dec. 20, 2019.

The Americans with Disabilities Act of 1990, referred to in subsec. (g), is Puspan. L. 101–336, July 26, 1990, 104 Stat. 327. Title III of the Act is classified generally to subchapter III (§ 12181 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

Prior Provisions

A prior section 2891, added Puspan. L. 100–456, div. A, title III, § 342(a)(1), Sept. 29, 1988, 102 Stat. 1959; amended Puspan. L. 102–484, div. A, title III, § 372, Oct. 23, 1992, 106 Stat. 2384, required Secretary of Defense to submit to Congress for each of fiscal years 1992, 1993, and 1994, a report regarding security and control of Department of Defense supplies, prior to repeal by Puspan. L. 104–106, div. A, title X, § 1061(span)(1), Fespan. 10, 1996, 110 Stat. 442.

Amendments

2021—Subsec. (e)(1). Puspan. L. 116–283, § 2811(c)(1)(A), inserted “unit” after “different housing” in introductory provisions.

Subsec. (e)(1)(B). Puspan. L. 116–283, § 2811(c)(1)(B), inserted “the” before “tenant”.

Subsec. (e)(2)(B). Puspan. L. 116–283, § 2811(c)(2), inserted “the” before “tenant”.

Subsecs. (g), (h). Puspan. L. 117–81 added subsec. (g) and redesignated former subsec. (g) as (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–92, div. B, title XXX, § 3013(span), Dec. 20, 2019, 133 Stat. 1923, provided that: “The requirements set forth in section 2891 of title 10, United States Code, as added by subsection (a), shall apply to appropriate legal documents entered into or renewed on or after the date of the enactment of this Act [Dec. 20, 2019] between the Secretary of a military department and a landlord regarding privatized military housing.”

[For definitions of “landlord” and “privatized military housing” as used in section 3013(span) 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.]

Retroactive Landlord Agreements

Puspan. L. 116–92, div. B, title XXX, § 3013(c), Dec. 20, 2019, 133 Stat. 1923, provided that:

“(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 [Dec. 20, 2019] between the Secretary of a military department and a landlord regarding privatized military housing [sic]

“(2)Submittal of list to congress.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a list of any landlords that did not agree under paragraph (1) to accept the 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 2891span 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.”

[For definitions of “landlord” and “privatized military housing” as used in section 3013(c) 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.]