II 

117TH CONGRESS 

1ST SESSION S. 2368 

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 SENATE OF THE UNITED STATES 

JULY 15, 2021 

Ms. WARREN (for herself, Ms. DUCKWORTH, Mr. BLUMENTHAL, and Mr. 

BROWN) introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Housing Over5 sight and Service Member Protection Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2368 IS

1 SEC. 2. IMPROVEMENT OF OVERSIGHT OF PRIVATIZED 

2 MILITARY HOUSING. 

3 (a) OVERSIGHT OF CONTRACTS AND HOUSING

4 UNITS.— 

5 (1) IN GENERAL.—Subchapter IV of chapter 

6 169 of title 10, United States Code, is amended by 

7 adding at the end the following new section: 

8 ‘‘§ 2885a. Oversight of contracts and housing units 

9 ‘‘(a) OVERSIGHT OF CONTRACTS.—(1) The Secretary 

10 of Defense shall establish formal written requirements and 

11 guidance for entering into and renewing contracts under 

12 this subchapter. 

13 ‘‘(2) The Secretary— 

14 ‘‘(A) shall rescind a contract under this sub15 chapter if the other party to the contract, based on 

16 credible evidence, fails to cure a material breach of 

17 such contract committed by such party within 90 

18 days; and 

19 ‘‘(B) shall not permit the other party to a con20 tract rescinded under subparagraph (A) to enter into 

21 new contracts with the Secretary or undertake ex22 pansions under existing contracts with the Sec23 retary. 

24 ‘‘(3) The Secretary of Defense, in coordination with 

25 the Secretary concerned, shall adopt a formal written con26 tingency plan for the management of housing units in the 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2368 IS

1 event that a contract relating to those housing units is 

2 rescinded under paragraph (2)(A). 

3 ‘‘(b) HOUSING OFFICE EMPLOYEES.—The Secretary 

4 of Defense shall ensure that each housing office at a mili5 tary installation consists only of employees of the military 

6 department concerned. 

7 ‘‘(c) INSPECTIONS OF HOUSING UNITS.—(1) The 

8 Secretary of Defense shall— 

9 ‘‘(A) provide for the conduct of regular building 

10 code and health inspections of housing units, con11 sistent with industry standards, which shall include, 

12 at a minimum— 

13 ‘‘(i) inspection before each tenant first oc14 cupies a housing unit and again before the ten15 ant moves out; and 

16 ‘‘(ii) inspection during and after any new 

17 construction or renovation of a housing unit; 

18 ‘‘(B) employ a sufficient number of independent 

19 housing inspectors with all appropriate State and 

20 local inspection certifications to conduct inspections 

21 under subparagraph (A) without notice to landlords; 

22 and 

23 ‘‘(C) provide appropriate oversight to ensure 

24 that all maintenance for such housing units is comVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2368.IS S2368

kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2368 IS

1 pleted in accordance with all applicable Federal, 

2 State, and local health and building codes. 

3 ‘‘(2)(A) In providing for the conduct of inspections 

4 of housing units under paragraph (1)(A), the Secretary 

5 shall permit State and local housing inspectors to conduct 

6 inspections of such units without notice to landlords. 

7 ‘‘(B) Not less frequently than annually, the Secretary 

8 shall notify State and local housing inspectors that they 

9 are permitted on a military installation to conduct inspec10 tions under subparagraph (A). 

11 ‘‘(3) In this subsection, the term ‘independent hous12 ing inspector’ means a housing inspector that is not an 

13 employee of the landlord of the housing unit being in14 spected, including any subsidiary of the landlord.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such subchapter is amend17 ed by inserting after the item relating to section 

18 2885 the following new item: 

‘‘2885a. Oversight of contracts and housing units.’’. 

19 (b) TREATMENT OF HOUSING LAWS.—Section 2890 

20 of such title is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(g) TREATMENT OF HOUSING LAWS.—Notwith23 standing any other provision of law, all Federal, State, 

24 and local housing protections that would otherwise apply 

25 to a tenant located in a jurisdiction surrounding a military 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 2368 IS

1 installation in the United States, including standards re2 lating to habitability and defenses to eviction, shall apply 

3 to a tenant residing in a housing unit that is located on 

4 a military installation.’’. 

5 (c) IMPROVEMENT OF FINANCIAL TRANSPARENCY.— 

6 Section 2891c of such title is amended— 

7 (1) in subsection (a)(2), by adding at the end 

8 the following new subparagraph: 

9 ‘‘(G) Financial statements equivalent to a 10– 

10 K (or successor form) for— 

11 ‘‘(i) the landlord; and 

12 ‘‘(ii) each contract entered into between 

13 the landlord and the Department of Defense 

14 under this subchapter.’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(c) PUBLICATION OF FINANCIAL DETAILS.—(1) 

18 Not less frequently than annually, the Secretary Defense 

19 shall publish in the Federal Register the financial details 

20 of each contract for the management of housing units. 

21 ‘‘(2) Not later than 15 days after receiving financial 

22 statements under subsection (a)(2)(G), the Secretary shall 

23 publish on a publicly available website of the Department 

24 of Defense those financial statements.’’. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 2368 IS

1 (d) APPROVAL OF COMPLETED WORK.—Section 

2 2892 of such title is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(d) APPROVAL OF COMPLETED WORK.—A landlord 

5 of a housing unit may not indicate on the maintenance 

6 work order system of the landlord that maintenance work 

7 was completed until an independent inspector approves the 

8 completion of the maintenance work in writing.’’. 

9 (e) SCREENING AND REGISTRY OF INDIVIDUALS

10 WITH HEALTH CONDITIONS RESULTING FROM UNSAFE

11 HOUSING UNITS.— 

12 (1) IN GENERAL.—Subchapter V of chapter 

13 169 of such title is amended by adding at the end 

14 the following new section: 

15 ‘‘§ 2895. Screening and registry of individuals with 

16 health conditions resulting from unsafe 

17 housing units 

18 ‘‘(a) SCREENING.—(1) The Secretary of Defense, in 

19 consultation with appropriate scientific agencies as deter20 mined by the Secretary, shall ensure that all military med21 ical treatment facilities screen eligible individuals for cov22 ered conditions. 

23 ‘‘(2) The Secretary may establish procedures through 

24 which screening under paragraph (1) may allow an eligible 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 2368 IS

1 individual to be included in the registry under subsection 

2 (b). 

3 ‘‘(b) REGISTRY.—(1) The Secretary of Defense shall 

4 establish and maintain a registry of eligible individuals 

5 who have a covered condition. 

6 ‘‘(2) The Secretary shall include any information in 

7 the registry under paragraph (1) that the Secretary deter8 mines necessary to ascertain and monitor the health of 

9 eligible individuals and the connection between the health 

10 of such individuals and an unsafe housing unit. 

11 ‘‘(3) The Secretary shall develop a public information 

12 campaign to inform eligible individuals about the registry 

13 under paragraph (1), including how to register and the 

14 benefits of registering. 

15 ‘‘(c) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘covered condition’ means a med17 ical condition that is determined by the Secretary of 

18 Defense to have resulted from residing in an unsafe 

19 housing unit. 

20 ‘‘(2) The term ‘eligible individual’ means a 

21 member of the armed forces or a family member of 

22 a member of the armed forces who has resided in an 

23 unsafe housing unit.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such subchapter is amendVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2368.IS S2368

kjohnson on DSK79L0C42PROD with BILLS
8 

•S 2368 IS

1 ed by inserting after the item relating to section 

2 2894a the following new item: 

‘‘2895. Screening and registry of individuals with health conditions resulting 

from unsafe housing units.’’. 

3 SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILL4 NESSES ASSOCIATED WITH RESIDING IN 

5 PRIVATIZED MILITARY HOUSING. 

6 (a) IN GENERAL.—Subchapter II of chapter 11 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 1119. Presumptions of service connection for ill10 nesses associated with residing in 

11 privatized military housing 

12 ‘‘(a) PRESUMPTION.—(1) For purposes of section 

13 1110 of this title, and subject to section 1113 of this title, 

14 each illness, if any, described in paragraph (2) shall be 

15 considered to have been incurred in or aggravated by serv16 ice described in that paragraph, notwithstanding that 

17 there is no record of evidence of such illness during the 

18 period of such service. 

19 ‘‘(2) An illness described in this paragraph is any di20 agnosed or undiagnosed illness that— 

21 ‘‘(A) the Secretary determines, in consultation 

22 with the Agency for Toxic Substances and Disease 

23 Registry, in regulations prescribed under this section 

24 to warrant a presumption of service connection by 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 2368 IS

1 reason of having a positive association with resi2 dence in a privatized military housing unit while 

3 serving in the Armed Forces during a period deter4 mined by the Secretary in consultation with the 

5 Agency for Toxic Substances and Disease Registry; 

6 and 

7 ‘‘(B) becomes manifest within the period, if 

8 any, prescribed in such regulations in a veteran who 

9 resided in a privatized military housing unit during 

10 service in the Armed Forces. 

11 ‘‘(3) For purposes of this subsection, a veteran who 

12 resided in a privatized military housing unit while serving 

13 in the Armed Forces during the period described in para14 graph (2) and who has an illness described in such para15 graph shall be presumed to have developed that illness by 

16 reason of such service unless there is conclusive evidence 

17 to establish that the veteran developed that illness through 

18 another means. 

19 ‘‘(b) DETERMINATIONS RELATING TO DISEASES.— 

20 (1) Whenever the Secretary determines, in consultation 

21 with the Agency for Toxic Substances and Disease Reg22 istry, on the basis of sound medical and scientific evidence, 

23 that a positive association exists between residence in a 

24 privatized military housing unit and the occurrence of a 

25 disease in humans, the Secretary shall prescribe regulaVerDate Sep 11 2014 05:19 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2368.IS S2368

kjohnson on DSK79L0C42PROD with BILLS
10 

•S 2368 IS

1 tions providing that a presumption of service connection 

2 is warranted for that disease for the purposes of this sec3 tion. 

4 ‘‘(2) In making determinations for the purpose of this 

5 subsection, the Secretary shall take into account all other 

6 sound medical and scientific information and analyses 

7 available to the Secretary. In evaluating any study for the 

8 purpose of making such determinations, the Secretary 

9 shall take into consideration whether the results are statis10 tically significant, are capable of replication, and with11 stand peer review. 

12 ‘‘(3) An association under paragraph (1) shall be con13 sidered to be positive for the purposes of this section if 

14 the credible evidence for the association is equal to or out15 weighs the credible evidence against the association. 

16 ‘‘(c) REMOVAL OF DISEASES.—Whenever a disease is 

17 removed from regulations prescribed under this section— 

18 ‘‘(1) a veteran who was awarded compensation 

19 for such disease on the basis of the presumption pro20 vided in subsection (a) before the effective date of 

21 the removal shall continue to be entitled to receive 

22 compensation on that basis; and 

23 ‘‘(2) a survivor of a veteran who was awarded 

24 dependency and indemnity compensation for the 

25 death of a veteran resulting from such disease on 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 2368 IS

1 the basis of such presumption shall continue to be 

2 entitled to receive dependency and indemnity com3 pensation on such basis. 

4 ‘‘(d) PRIVATIZED MILITARY HOUSING UNIT DE5 FINED.—In this section, the term ‘privatized military 

6 housing unit’ means a housing unit under subchapter IV 

7 of chapter 169 of title 10.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 1118 the following new 

11 item: 

‘‘1119. Presumptions of service connection for illnesses associated with residing 

in privatized military housing.’’. 

12 SEC. 4. HOSPITAL CARE, MEDICAL SERVICES, AND NURS13 ING HOME CARE FOR FAMILY MEMBERS OF 

14 VETERANS WHO RESIDED IN PRIVATIZED 

15 MILITARY HOUSING. 

16 (a) IN GENERAL.—Subchapter VIII of chapter 17 of 

17 title 38, United States Code, is amended by inserting after 

18 section 1787 the following new section: 

19 ‘‘§ 1787A. Health care of family members of veterans 

20 who resided in privatized military hous21 ing 

22 ‘‘(a) IN GENERAL.—A family member of a veteran 

23 described in paragraph (3) of section 1119(a) of this title 

24 who resided in a privatized military housing unit during 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 2368 IS

1 the period described in paragraph (2) of such section, or 

2 who was in utero during such period while the mother of 

3 such family member resided in such housing unit, shall 

4 be eligible for hospital care, medical services, and nursing 

5 home care furnished by the Secretary for any covered ill6 ness that is associated with residing in a privatized mili7 tary housing unit during such period. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘covered illness’ means an illness 

10 described in section 1119(a)(2) of this title. 

11 ‘‘(2) The term ‘privatized military housing unit’ 

12 has the meaning given that term in section 1119(d) 

13 of this title.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by inserting 

16 after the item relating to section 1787 the following new 

17 item: 

‘‘1787A. Health care of family members of veterans who resided in privatized 

military housing.’’. 

18 SEC. 5. ETHICAL LIMITATIONS RELATING TO OWNERSHIP 

19 OF PRIVATIZED MILITARY HOUSING ENTI20 TIES. 

21 (a) IN GENERAL.—Section 208 of title 18, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 2368 IS

1 ‘‘(e)(1) In this subsection, the term ‘covered indi2 vidual’ means an individual— 

3 ‘‘(A) who— 

4 ‘‘(i) is serving as a Member of Congress 

5 (as defined in section 2106 of title 5); and 

6 ‘‘(ii) serves on the Committee on Armed 

7 Services of the Senate or the Committee on 

8 Armed Services of the House of Representa9 tives; 

10 ‘‘(B) who is an employee (as defined in section 

11 2105 of title 5) of the Department of Defense who 

12 is serving— 

13 ‘‘(i) in a Senior Executive Service position 

14 (as defined in section 3132 of title 5); 

15 ‘‘(ii) in a position on the Executive Sched16 ule under subchapter II of chapter 53 of title 

17 5; or 

18 ‘‘(iii) in any other position for which the 

19 rate of compensation is at or above the min20 imum rate of compensation for a Senior Execu21 tive Service position in the Department of De22 fense; or 

23 ‘‘(C) who is a member of the Armed Forces 

24 serving in a position for which the pay grade is at 

25 or above level O–7. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 2368 IS

1 ‘‘(2) A covered individual may not own any interest 

2 (other than as part of a widely-held investment fund de3 scribed in section 102(f)(8) of the Ethics in Government 

4 Act of 1978 (5 U.S.C. App.)) in an entity that owns or 

5 manages a housing unit under subchapter IV of chapter 

6 169 of title 10.’’. 

7 (b) CIVIL ENFORCEMENT.—Section 216 of title 18, 

8 United States Code, is amended— 

9 (1) in subsection (a), by inserting ‘‘(which shall 

10 not include a violation of subsection (e) of such sec11 tion 208)’’ after ‘‘208’’; 

12 (2) in subsection (b), in the first sentence, by 

13 inserting ‘‘or a violation of section 208(e)’’ after 

14 ‘‘209 of this title’’; and 

15 (3) in subsection (c)— 

16 (A) in the first sentence, by inserting ‘‘or 

17 a violation of section 208(e)’’ after ‘‘209 of this 

18 title’’; and 

19 (B) in the second sentence, by inserting 

20 ‘‘or violation’’ after ‘‘such an offense’’. 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 2368 IS

1 SEC. 6. CLARIFICATION OF PROHIBITION AGAINST COL2 LECTION FROM TENANTS OF PRIVATIZED 

3 MILITARY HOUSING UNITS OF AMOUNTS IN 

4 ADDITION TO RENT. 

5 Section 2891a(e) of title 10, United States Code, is 

6 amended— 

7 (1) by striking ‘‘the any’’ each place it appears 

8 and inserting ‘‘any’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) Costs incurred to modify or upgrade a housing 

12 unit to comply with standards under the Americans with 

13 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 

14 facilitate occupancy of the housing unit by an individual 

15 with a disability (as defined in section 3 of such Act (42 

16 U.S.C. 12102)) may not be considered optional services 

17 under paragraph (2)(A)(i) or another exception to the pro18 hibition in paragraph (1) against collection from tenants 

19 of housing units of amounts in addition to rent.’’. 

20 SEC. 7. MODIFICATION OF CONTRACTS. 

21 The Secretary of Defense may modify any contract 

22 entered into under subchapter IV of chapter 169 of title 

23 10, United States Code, for purposes of carrying out this 

24 Act and the amendments made by this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS