Sec. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED MILITARY HOUSING
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## 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: > > ## “SEC. 2891c Financial transparency > > **[**[10 U.S.C. 2891c](/us/usc/t10/s2891c)**]** > > > ### “(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: > > ## “SEC. 2894a Complaint database > > **[**[10 U.S.C. 2894a](/us/usc/t10/s2894a)**]** > > > ### “(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).” > .
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Sec. 3016
ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED MILITARY HOUSING
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