[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2384 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2384
To amend title 10, United States Code, to improve the provision of
military housing to members of the Armed Forces and their families
through private entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2019
Ms. Haaland (for herself, Mr. Bishop of Georgia, Mr. Cartwright, Ms.
Norton, Ms. Castor of Florida, Mr. Ryan, Mr. Heck, Mr. Morelle, and Mr.
Espaillat) introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Veterans' Affairs, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve the provision of
military housing to members of the Armed Forces and their families
through private entities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Housing Oversight and
Service Member Protection Act''.
SEC. 2. IMPROVEMENT OF OVERSIGHT OF PRIVATE MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 2887. Oversight by Department of Defense of contracts and
housing units
``(a) Oversight of Contracts.--(1) The Secretary of Defense shall
establish formal written requirements and guidance for entering into
and renewing contracts under this subchapter.
``(2) In deciding whether to enter into or renew a contract with a
landlord under this subchapter, the Secretary shall consider any
history of the landlord of providing substandard housing.
``(3) The Secretary--
``(A) shall withhold amounts to be paid under a contract
under this subchapter if the other party to the contract is
found to have engaged in a material breach of the contract;
``(B) shall rescind a contract under this subchapter if the
other party to the contract, based on credible evidence, fails
to cure such breach within 90 days; and
``(C) shall not permit the other party to a contract
rescinded under subparagraph (B) to enter into new contracts
with the Secretary or undertake expansions under existing
contracts with the Secretary.
``(4) The Secretary of Defense, in coordination with the Secretary
concerned, shall adopt a formal written contingency plan for the
management of housing units under this subchapter in the event that a
contract relating to those housing units is rescinded under paragraph
(3)(B).
``(b) Standardized Lease Agreements.--The Secretary of Defense
shall include in any contract with a landlord under this subchapter a
requirement that the landlord use a lease agreement that is standard
throughout the Department of Defense.
``(c) Housing Office Employees.--The Secretary of Defense shall
ensure that each housing office at a military installation consists
only of employees of the military department concerned.
``(d) Inspections of Housing Units.--(1) The Secretary of Defense
shall--
``(A) ensure that all housing units under this subchapter
are safe, clean, and adequate and meet all Federal, state, and
local laws and standards of habitability;
``(B) provide for the conduct of regular building code and
health inspections of such housing units, consistent with
industry standards, which shall include, at minimum--
``(i) inspection before each tenant first occupies
a housing unit and again before the tenant moves out;
and
``(ii) inspection during and after any new
construction or renovation of a housing unit;
``(C) employ a sufficient number of independent housing
inspectors with all appropriate State and local inspection
certifications to conduct no-notice inspections under
subparagraph (B); and
``(D) provide appropriate oversight to ensure that all
maintenance for such housing units is completed in accordance
with all applicable Federal, State, and local health and
building codes.
``(2)(A) In providing for the conduct of inspections of housing
units under paragraph (1)(B), the Secretary shall permit State and
local housing inspectors to conduct no-notice inspections of such
units.
``(B) Not less frequently than annually, the Secretary shall notify
State and local housing inspectors that they are permitted on a
military installation to conduct inspections under subparagraph (A).
``(3) In this subsection, the term `independent housing inspector'
means a housing inspector that is not an employee of an entity that
owns or manages the housing unit being inspected, including any
subsidiary of that entity.
``(e) Resident Surveys.--The Secretary of Defense shall consult
with the Secretary of each military department, members of the Armed
Forces and their representatives, and stakeholders to develop an
appropriate methodology to conduct independent surveys of residents of
housing units under this subchapter that are standardized across the
military departments.
``(f) Access to Maintenance Work Order System.--The Secretary of
Defense shall require each landlord to provide to the housing office at
each military installation access to the maintenance work order system
of such landlord with respect to housing units for members of the Armed
Forces and family members of members of the Armed Forces stationed at
such installation.
``Sec. 2888. Tenant rights
``(a) Claim to Withhold Payments.--(1) A member of the Armed Forces
or family member of a member of the Armed Forces who is a tenant of a
housing unit under this subchapter may file a claim with the housing
office of the military installation at which the member is stationed
requesting to withhold any basic allowance for housing payable to the
member (including for any dependents of the member in the member's
household) under section 403 of title 37, or any other allotment of pay
under section 2882(c) of this title, for lease of the unit during the
period in which--
``(A) the landlord responsible for such housing unit has
not met maintenance guidelines and procedures established by
the landlord or the Department of Defense, either through
contract or otherwise; or
``(B) such housing unit is uninhabitable according to State
and local law for the jurisdiction in which the housing unit is
located.
``(2)(A) Upon the filing of a claim by a tenant under paragraph
(1)--
``(i) under such procedures as the Secretary of Defense
shall establish, the Defense Finance and Accounting Service
(DFAS) or such other appropriate office or offices of the
Department of Defense as the Secretary shall specify for
purposes of such procedures, shall tentatively grant the
request; and
``(ii) the housing office that receives the claim shall,
not later than 15 days after the date of the request, complete
an investigation that includes an inspection conducted by
housing inspectors that are certified at the State and local
level.
``(B) If the housing office agrees with a claim by a tenant under
subparagraph (A) with respect to a housing unit, the housing office
shall notify the landlord responsible for such unit of the issues
described in subsection (a) that require remediation in accordance with
the requirements of the Department of Defense or State or local law.
``(C) If after an inspection conducted under subparagraph (A)(ii),
the request of the tenant to withhold payment is denied, the tenant may
appeal that decision to the commander of the military installation
concerned.
``(3) In accordance with procedures established under paragraph
(1)(A)(i) for the withholding of any basic allowance for housing or
other allotment pay under this subsection, if the landlord responsible
for the housing unit does not remediate the issues described in
paragraph (1) during a timeline reasonably established by the housing
office for the remediation of the issue, the amount payable to the
landlord for such unit--
``(A) shall be reduced by 10 percent for each period of
five days during which the issues are not remediated; and
``(B) the amount of any such reduction shall be returned to
the tenant to whom such amount was provided.
``(b) Disclosure of Rights.--(1) Each housing office of a military
installation shall disclose in writing to each new tenant of a housing
unit under this subchapter, upon the signing of the lease for the
housing unit, their rights with respect to the housing unit and the
procedures under this section for filing a claim against the landlord
responsible for the housing unit.
``(2) The Secretary of Defense shall ensure that each lease entered
into with a tenant for a housing unit under this subchapter clearly
expresses in a separate addendum the procedures under this section for
filing a claim against the landlord responsible for the housing unit.
``(c) Relocation.--(1) The Secretary concerned shall include in any
contract with a landlord responsible for a housing unit under this
subchapter under the jurisdiction of the Secretary concerned a
requirement that the landlord pay all costs associated with relocation
of a tenant of such unit, including moving services, temporary lodging,
per diem, and any other reasonable costs associated with such
relocation, if the housing office with jurisdiction over the housing
unit finds that the housing unit requires renovations or maintenance
that necessitate the tenant relocating permanently or temporarily.
``(2) In the case of renovations or maintenance to a housing unit
under this subchapter that necessitate a tenant relocating permanently
or temporarily, the tenant may relocate to a residence outside of the
military installation at which the housing unit is located without
incurring any penalty from the landlord or the Department of Defense.
``(d) Approval of Completed Work.--A landlord responsible for a
housing unit under this subchapter may not indicate on the maintenance
work order system of the landlord that maintenance work was completed
until the tenant of such housing unit approves the completion of the
maintenance work in writing.
``(e) Payment of Medical Bills.--The Secretary concerned shall
include in any contract with a landlord responsible for a housing unit
under this subchapter under the jurisdiction of the Secretary concerned
a requirement that, if the landlord is found by the Secretary concerned
to have not maintained the minimum standards of habitability for such
housing unit, the landlord shall pay all medical bills for a tenant of
such housing unit that are associated with the conditions of such
housing unit that do not meet such minimum standards.
``(f) Report on Denied Appeals.--The commander of each military
installation shall submit to the congressional defense committees, not
less frequently than annually, a report on all appeals to such
commander under subsection (b)(3) that were denied during the year
covered by the report.
``(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 under this subchapter
from pursuing a claim against a landlord in any adjudicative body with
jurisdiction over the housing unit.
``(h) Treatment of Housing Laws.--Notwithstanding any other
provision of law, all Federal, State, and local housing protections
that would otherwise apply to a tenant located in a jurisdiction
surrounding a military installation in the United States, including
standards relating to habitability and defenses to eviction, shall
apply to a tenant residing in a housing unit under this subchapter that
is located on a military installation.
``Sec. 2889. Complaint database
``(a) Database Required.--The Secretary of Defense shall establish
a database that is available to the public of complaints relating to
housing units under this subchapter.
``(b) Filing of Complaints.--The Secretary shall ensure that a
tenant of a housing unit under this subchapter may file a complaint
relating to such housing unit for inclusion in the database under
subsection (a).
``(c) Response by Landlord.--(1) The Secretary shall include in any
contract with a landlord responsible for a housing unit under this
subchapter a requirement that the landlord respond to any complaints
included in the database under subsection (a) that relate to the
housing unit.
``(2) Any response under paragraph (1) shall be included in the
database under subsection (a).
``Sec. 2890. Screening and registry of individuals with health
conditions resulting from unsafe housing units
``(a) Screening.--(1) The Secretary of Defense, in consultation
with appropriate scientific agencies as determined by the Secretary,
shall ensure that all military medical treatment facilities screen
eligible individuals for covered conditions.
``(2) The Secretary may establish procedures through which
screening under paragraph (1) may allow an eligible individual to be
included in the registry under subsection (b).
``(b) Registry.--(1) The Secretary of Defense shall establish and
maintain a registry of eligible individuals who have a covered
condition.
``(2) The Secretary shall include any information in the registry
under paragraph (1) that the Secretary determines necessary to
ascertain and monitor the health of eligible individuals and the
connection between the health of such individuals and an unsafe housing
unit under this subchapter.
``(3) The Secretary shall develop a public information campaign to
inform eligible individuals about the registry under paragraph (1),
including how to register and the benefits of registering.
``(c) Definitions.--In this section:
``(1) The term `covered condition' means a medical
condition that is determined by the Secretary of Defense to
have resulted from residing in an unsafe housing unit under
this subchapter.
``(2) The term `eligible individual' means a member of the
Armed Forces or a family member of a member of the Armed Forces
who has resided in an unsafe housing unit under this
subchapter.''.
``Sec. 2891. Financial transparency
``(a) Publication of Details of Contracts.--(1) Not less frequently
than annually, the Secretary of Defense shall publish in the Federal
Register the financial details of each contract for the management of
housing units under this subchapter.
``(2) The financial details published under paragraph (1) shall
include the following:
``(A) Base management fees for managing the housing units.
``(B) Incentive fees relating to the housing units,
including details on the following:
``(i) Metrics upon which such incentive fees are
paid.
``(ii) Whether incentive fees were paid in full or
withheld in part or in full during the year covered by
the publication, and if so, why.
``(C) Asset management fees relating to the housing units.
``(D) Preferred return fees relating to the housing units.
``(E) Any deferred fees or other fees relating to the
housing units.
``(F) Residual cash flow distributions relating to the
housing units.
``(b) Annual Financial Statements.--(1) The Secretary of Defense
shall require that each landlord submit to the Secretary, not less
frequently than annually, financial statements equivalent to a 10-K (or
successor form) for--
``(A) the landlord; and
``(B) each contract entered into between the landlord and
the Department of Defense under this subchapter.
``(2) The Secretary shall publish on a publicly available website
of the Department of Defense the information submitted to the Secretary
under paragraph (1) not later than 15 days after receiving that
information.''.
(b) Landlord Defined.--Section 2871 of such title is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The term `landlord' means an eligible entity or
lessor who owns, manages, or is otherwise responsible for a
housing unit under this subchapter.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by inserting after the item
relating to section 2886 the following new items:
``2887. Oversight by Department of Defense of contracts and housing
units.
``2888. Tenant rights.
``2889. Complaint database.
``2890. Screening and registry of individuals with health conditions
resulting from unsafe housing units.
``2891. Financial transparency.''.
SEC. 3. ANNUAL REPORT ON PRIVATE MILITARY HOUSING.
Section 2884 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Annual Report on Housing.--(1) Not less frequently than
annually, the Secretary of Defense shall submit to the congressional
defense committees and publish on a publicly available website of the
Department of Defense a report on housing units under this subchapter,
disaggregated by military installation.
``(2) Each report submitted under paragraph (1) shall include the
following:
``(A) An assessment of the condition of housing units under
this subchapter based on the average age of those units and the
estimated time until recapitalization.
``(B) An analysis of complaints of tenants of such housing
units.
``(C) An assessment of maintenance response times and
completion of maintenance requests relating to such housing
units.
``(D) An assessment of dispute resolution relating to such
housing units.
``(E) An assessment of overall customer service for tenants
of such housing units.
``(F) A description of the results of no-notice housing
inspections conducted for such housing units under section
2887(c) of this title.
``(G) The results of resident surveys conducted under
section 2887(d) of this title.''.
SEC. 4. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED
WITH RESIDING IN PRIVATE MILITARY HOUSING.
(a) In General.--Subchapter II of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1119. Presumptions of service connection for illnesses
associated with residing in private military housing
``(a) Presumption.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, each illness, if any,
described in paragraph (2) shall be considered to have been incurred in
or aggravated by service described in that paragraph, notwithstanding
that there is no record of evidence of such illness during the period
of such service.
``(2) An illness described in this paragraph is any diagnosed or
undiagnosed illness that--
``(A) the Secretary determines, in consultation with the
Agency for Toxic Substances and Disease Registry, in
regulations prescribed under this section to warrant a
presumption of service connection by reason of having a
positive association with residence in a private military
housing unit while serving in the Armed Forces during a period
determined by the Secretary in consultation with the Agency for
Toxic Substances and Disease Registry; and
``(B) becomes manifest within the period, if any,
prescribed in such regulations in a veteran who resided in a
private military housing unit during service in the Armed
Forces.
``(3) For purposes of this subsection, a veteran who resided in a
private military housing unit while serving in the Armed Forces during
the period described in paragraph (2) and who has an illness described
in such paragraph shall be presumed to have developed that illness by
reason of such service unless there is conclusive evidence to establish
that the veteran developed that illness through another means.
``(b) Determinations Relating to Diseases.--(1) Whenever the
Secretary determines, in consultation with the Agency for Toxic
Substances and Disease Registry, on the basis of sound medical and
scientific evidence, that a positive association exists between
residence in a private military housing unit and the occurrence of a
disease in humans, the Secretary shall prescribe regulations providing
that a presumption of service connection is warranted for that disease
for the purposes of this section.
``(2) In making determinations for the purpose of this subsection,
the Secretary shall take into account all other sound medical and
scientific information and analyses available to the Secretary. In
evaluating any study for the purpose of making such determinations, the
Secretary shall take into consideration whether the results are
statistically significant, are capable of replication, and withstand
peer review.
``(3) An association under paragraph (1) shall be considered to be
positive for the purposes of this section if the credible evidence for
the association is equal to or outweighs the credible evidence against
the association.
``(c) Removal of Diseases.--Whenever a disease is removed from
regulations prescribed under this section--
``(1) a veteran who was awarded compensation for such
disease on the basis of the presumption provided in subsection
(a) before the effective date of the removal shall continue to
be entitled to receive compensation on that basis; and
``(2) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting
from such disease on the basis of such presumption shall
continue to be entitled to receive dependency and indemnity
compensation on such basis.
``(d) Private Military Housing Unit Defined.--In this section, the
term `private military housing unit' means a housing unit under
subchapter IV of chapter 169 of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1118 the following new item:
``1119. Presumptions of service connection for illnesses associated
with residing in private military
housing.''.
SEC. 5. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR
FAMILY MEMBERS OF VETERANS WHO RESIDED IN PRIVATE
MILITARY HOUSING.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by inserting after section 1786 following new
section:
``Sec. 1786A. Health care of family members of veterans who resided in
private military housing
``(a) In General.--A family member of a veteran described in
paragraph (3) of section 1119(a) of this title who resided in a private
military housing unit during the period described in paragraph (2) of
such section, or who was in utero during such period while the mother
of such family member resided in such housing unit, shall be eligible
for hospital care, medical services, and nursing home care furnished by
the Secretary for any covered illness that is associated with residing
in a private military housing unit during such period.
``(b) Definitions.--In this section:
``(1) The term `covered illness' means an illness described
in section 1119(a)(2) of this title.
``(2) The term `private military housing unit' has the
meaning given that term in section 1119(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1786 the following new item:
``1786A. Health care of family members of veterans who resided in
private military housing.''.
SEC. 6. ETHICAL LIMITATIONS RELATING TO OWNERSHIP OF PRIVATE MILITARY
HOUSING ENTITIES.
(a) In General.--Section 208 of title 18, United States Code, is
amended by adding at the end the following:
``(e)(1) In this subsection, the term `covered individual' means an
individual--
``(A) who--
``(i) is serving as a Member of Congress (as
defined in section 2106 of title 5); and
``(ii) serves on the Committee on Armed Services of
the Senate or the Committee on Armed Services of the
House of Representatives;
``(B) who is an employee (as defined in section 2105 of
title 5) of the Department of Defense who is serving--
``(i) in a Senior Executive Service position (as
defined in section 3132 of title 5);
``(ii) in a position on the Executive Schedule
under subchapter II of chapter 53 of title 5; or
``(iii) in any other position for which the rate of
compensation is at or above the minimum rate of
compensation for a Senior Executive Service position in
the Department of Defense; or
``(C) who is a member of the Armed Forces serving in a
position for which the pay grade is at or above level O-6.
``(2) A covered individual may not own any interest (other than as
part of a widely held investment fund described in section 102(f)(8) of
the Ethics in Government Act of 1978 (5 U.S.C. App.)) in an entity that
owns or manages a housing unit under subchapter IV of chapter 169 of
title 10.''.
(b) Civil Enforcement.--Section 216 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``(which shall not
include a violation of subsection (e) of such section 208)''
after ``208'';
(2) in subsection (b), in the first sentence, by inserting
``or a violation of section 208(e)'' after ``209 of this
title''; and
(3) in subsection (c)--
(A) in the first sentence, by inserting ``or a
violation of section 208(e)'' after ``209 of this
title''; and
(B) in the second sentence, by inserting ``or
violation'' after ``such an offense''.
SEC. 7. MODIFICATION OF CONTRACTS.
The Secretary of Defense may modify any contract entered into under
subchapter IV of chapter 169 of title 10, United States Code, for
purposes of carrying out this Act and the amendments made by this Act.
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