I 
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 de-
termined 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Housing Over-
sight and Service Member Protection Act’’. 
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SEC. 2. IMPROVEMENT OF OVERSIGHT OF PRIVATE MILI-
TARY 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: 
‘‘§ 2887. Oversight by Department of Defense of con-
tracts 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 con-
tract with a landlord under this subchapter, the Secretary 
shall consider any history of the landlord of providing sub-
standard 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 mate-
rial breach of the contract; 
‘‘(B) shall rescind a contract under this sub-
chapter 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 con-
tract rescinded under subparagraph (B) to enter 
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into new contracts with the Secretary or undertake 
expansions under existing contracts with the Sec-
retary. 
‘‘(4) The Secretary of Defense, in coordination with 
the Secretary concerned, shall adopt a formal written con-
tingency 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 through-
out the Department of Defense. 
‘‘(c) HOUSING OFFICE EMPLOYEES.—The Secretary 
of Defense shall ensure that each housing office at a mili-
tary 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, 
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consistent with industry standards, which shall in-
clude, at minimum— 
‘‘(i) inspection before each tenant first oc-
cupies a housing unit and again before the ten-
ant 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 com-
pleted 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 inspec-
tions under subparagraph (A). 
‘‘(3) In this subsection, the term ‘independent hous-
ing inspector’ means a housing inspector that is not an 
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employee of an entity that owns or manages the housing 
unit being inspected, including any subsidiary of that enti-
ty. 
‘‘(e) RESIDENT SURVEYS.—The Secretary of Defense 
shall consult with the Secretary of each military depart-
ment, members of the Armed Forces and their representa-
tives, and stakeholders to develop an appropriate method-
ology to conduct independent surveys of residents of hous-
ing units under this subchapter that are standardized 
across the military departments. 
‘‘(f) ACCESS TO MAINTENANCE WORK ORDER SYS-
TEM.—The Secretary of Defense shall require each land-
lord to provide to the housing office at each military in-
stallation 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. 
‘‘§ 2888. Tenant rights 
‘‘(a) CLAIM TO WITHHOLD PAYMENTS.—(1) A mem-
ber 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 depend-
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ents of the member in the member’s household) under sec-
tion 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 proce-
dures established by the landlord or the Department 
of Defense, either through contract or otherwise; or 
‘‘(B) such housing unit is uninhabitable accord-
ing 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 appro-
priate 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. 
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‘‘(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 respon-
sible for such unit of the issues described in subsection 
(a) that require remediation in accordance with the re-
quirements of the Department of Defense or State or local 
law. 
‘‘(C) If after an inspection conducted under subpara-
graph (A)(ii), the request of the tenant to withhold pay-
ment 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 allow-
ance for housing or other allotment pay under this sub-
section, 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. 
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‘‘(b) DISCLOSURE OF RIGHTS.—(1) Each housing of-
fice 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 juris-
diction of the Secretary concerned a requirement that the 
landlord pay all costs associated with relocation of a ten-
ant of such unit, including moving services, temporary 
lodging, per diem, and any other reasonable costs associ-
ated with such relocation, if the housing office with juris-
diction 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 ten-
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ant 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 habit-
ability 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 com-
mander 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 
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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 ten-
ant 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.—Notwith-
standing 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 re-
lating to habitability and defenses to eviction, shall apply 
to a tenant residing in a housing unit under this sub-
chapter that is located on a military installation. 
‘‘§ 2889. Complaint database 
‘‘(a) DATABASE REQUIRED.—The Secretary of De-
fense 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 sub-
chapter may file a complaint relating to such housing unit 
for inclusion in the database under subsection (a). 
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‘‘(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 hous-
ing unit. 
‘‘(2) Any response under paragraph (1) shall be in-
cluded in the database under subsection (a). 
‘‘§ 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 deter-
mined by the Secretary, shall ensure that all military med-
ical treatment facilities screen eligible individuals for cov-
ered 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 deter-
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mines 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 med-
ical 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.’’. 
‘‘§ 2891. Financial transparency 
‘‘(a) PUBLICATION OF DETAILS OF CONTRACTS.—(1) 
Not less frequently than annually, the Secretary of De-
fense 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: 
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‘‘(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 hous-
ing 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 sub-
mit to the Secretary, not less frequently than annually, 
financial statements equivalent to a 10–K (or successor 
form) for— 
‘‘(A) the landlord; and 
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‘‘(B) each contract entered into between the 
landlord and the Department of Defense under this 
subchapter. 
‘‘(2) The Secretary shall publish on a publicly avail-
able 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 fol-
lowing new paragraph (7): 
‘‘(7) The term ‘landlord’ means an eligible enti-
ty or lessor who owns, manages, or is otherwise re-
sponsible 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.’’. 
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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 sub-
section: 
‘‘(d) ANNUAL REPORT ON HOUSING.—(1) Not less 
frequently than annually, the Secretary of Defense shall 
submit to the congressional defense committees and pub-
lish 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 re-
capitalization. 
‘‘(B) An analysis of complaints of tenants of 
such housing units. 
‘‘(C) An assessment of maintenance response 
times and completion of maintenance requests relat-
ing to such housing units. 
‘‘(D) An assessment of dispute resolution relat-
ing to such housing units. 
‘‘(E) An assessment of overall customer service 
for tenants of such housing units. 
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‘‘(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 ILL-
NESSES ASSOCIATED WITH RESIDING IN PRI-
VATE 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: 
‘‘§ 1119. Presumptions of service connection for ill-
nesses 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 serv-
ice 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 di-
agnosed or undiagnosed illness that— 
‘‘(A) the Secretary determines, in consultation 
with the Agency for Toxic Substances and Disease 
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Registry, in regulations prescribed under this section 
to warrant a presumption of service connection by 
reason of having a positive association with resi-
dence in a private military housing unit while serv-
ing 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 para-
graph (2) and who has an illness described in such para-
graph 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 Reg-
istry, 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 dis-
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ease in humans, the Secretary shall prescribe regulations 
providing that a presumption of service connection is war-
ranted 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 statis-
tically significant, are capable of replication, and with-
stand peer review. 
‘‘(3) An association under paragraph (1) shall be con-
sidered to be positive for the purposes of this section if 
the credible evidence for the association is equal to or out-
weighs 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 pro-
vided 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 
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the basis of such presumption shall continue to be 
entitled to receive dependency and indemnity com-
pensation on such basis. 
‘‘(d) PRIVATE
MILITARY
HOUSING
UNIT
DE-
FINED.—In this section, the term ‘private military housing 
unit’ means a housing unit under subchapter IV of chap-
ter 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 NURS-
ING HOME CARE FOR FAMILY MEMBERS OF 
VETERANS WHO RESIDED IN PRIVATE MILI-
TARY 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: 
‘‘§ 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 
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was in utero during such period while the mother of such 
family member resided in such housing unit, shall be eligi-
ble 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 hous-
ing 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 mili-
tary 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 fol-
lowing: 
‘‘(e)(1) In this subsection, the term ‘covered indi-
vidual’ means an individual— 
‘‘(A) who— 
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‘‘(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 Representa-
tives; 
‘‘(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 Sched-
ule 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 min-
imum rate of compensation for a Senior Execu-
tive Service position in the Department of De-
fense; 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 de-
scribed in section 102(f)(8) of the Ethics in Government 
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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 sec-
tion 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. 
Æ 
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