[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10342 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10342
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
December 10, 2024
Ms. Jacobs (for herself, Ms. Strickland, and Mr. Moylan) 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 PRIVATIZED MILITARY HOUSING.
(a) Oversight of Contracts and Housing Units.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2885a. Oversight 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) The Secretary--
``(A) shall rescind a contract under this subchapter if the
other party to the contract, based on credible evidence, fails
to cure a material breach of such contract committed by such
party within 90 days; and
``(B) shall not permit the other party to a contract
rescinded under subparagraph (A) to enter into new contracts
with the Secretary or undertake expansions under existing
contracts with the Secretary.
``(3) The Secretary of Defense, in coordination with the Secretary
concerned, shall adopt a formal written contingency plan for the
management of housing units in the event that a contract relating to
those housing units is rescinded under paragraph (2)(A).
``(b) 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.
``(c) Inspections of Housing Units.--(1) The Secretary of Defense
shall--
``(A) provide for the conduct of regular building code and
health inspections of housing units, consistent with industry
standards, which shall include, at a minimum, inspection during
and after any new construction or renovation of a housing unit;
``(B) employ a sufficient number of independent housing
inspectors with all appropriate State and local inspection
certifications to conduct inspections under subparagraph (A)
without notice to landlords; and
``(C) 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)(A), the Secretary shall permit State and
local housing inspectors to conduct inspections of such units without
notice to landlords.
``(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 the landlord of
the housing unit being inspected, including any subsidiary of the
landlord.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2885 the following new item:
``2885a. Oversight of contracts and housing units.''.
(b) Treatment of Housing Laws.--Section 2890 of such title is
amended by adding at the end the following new subsection:
``(g) Treatment of Housing Laws.--Notwithstanding any other
provision of law, all Federal, State, and local housing protections
that would otherwise apply to an individual located in a jurisdiction
surrounding a military installation in the United States, including
standards relating to habitability and defenses to eviction, shall
apply to an individual residing in a housing unit that is located on a
military installation.''.
(c) Improvement of Financial Transparency.--Section 2891c of such
title is amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(G) Financial statements equivalent to a 10-K (or
successor form) for--
``(i) the landlord; and
``(ii) each contract entered into between the
landlord and the Department of Defense under this
subchapter.''; and
(2) by adding at the end the following new subsection:
``(c) Publication of Financial Details.--(1) Not less frequently
than annually, the Secretary Defense shall publish in the Federal
Register the financial details of each contract for the management of
housing units.
``(2) Not later than 15 days after receiving financial statements
under subsection (a)(2)(G), the Secretary shall publish on a publicly
available website of the Department of Defense those financial
statements.''.
(d) Approval of Completed Work.--Section 2892 of such title is
amended by adding at the end the following new subsection:
``(d) Approval of Completed Work.--A landlord of a housing unit may
not indicate on the maintenance work order system of the landlord that
maintenance work was completed until an independent inspector approves
the completion of the maintenance work in writing.''.
(e) Screening and Registry of Individuals With Health Conditions
Resulting From Unsafe Housing Units.--
(1) In general.--Subchapter V of chapter 169 of such title
is amended by adding at the end the following new section:
``Sec. 2895. 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 entities 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) will 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.
``(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.
``(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.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2894a the following new item:
``2895. Screening and registry of individuals with health conditions
resulting from unsafe housing units.''.
SEC. 3. PRESUMPTIONS OF SERVICE CONNECTION FOR ILLNESSES OR CONDITIONS
ASSOCIATED WITH RESIDING IN PRIVATIZED 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. 1120A. Presumptions of service connection for illnesses or
conditions associated with residing in privatized
military housing
``(a) Presumption.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, each illness or condition,
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 or
condition during the period of such service.
``(2) An illness or condition described in this paragraph is any
diagnosed or undiagnosed illness or condition that--
``(A) the Secretary determines, in consultation with the
Agency for Toxic Substances and Disease Registry, in
regulations prescribed under section 1174 of this title to
warrant a presumption of service connection by reason of having
a positive association with residence in a privatized 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
privatized military housing unit during service in the Armed
Forces.
``(3) For purposes of this subsection, a veteran who resided in a
privatized military housing unit while serving in the Armed Forces
during the period described in paragraph (2) and who has an illness or
condition described in such paragraph shall be presumed to have
developed that illness or condition by reason of such service unless
there is conclusive evidence to establish that the veteran developed
that illness or condition through another means.
``(b) Determinations Relating to Illnesses or Conditions.--(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 privatized military housing unit and the occurrence of
an illness or condition, the Secretary shall prescribe regulations (in
accordance with section 1174 of this title) providing that a
presumption of service connection is warranted for that illness or
condition 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 Illnesses or Conditions.--Whenever an illness or
condition is removed from regulations prescribed under this section--
``(1) a veteran who was awarded compensation for such
illness or condition 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 illness or condition on the basis of such presumption
shall continue to be entitled to receive dependency and
indemnity compensation on such basis.
``(d) Privatized Military Housing Unit Defined.--In this section,
the term `privatized 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
1120 the following new item:
``1120A. Presumptions of service connection for illnesses or conditions
associated with residing in privatized
military housing.''.
SEC. 4. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE FOR
FAMILY MEMBERS OF VETERANS WHO RESIDED IN PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by inserting after section 1787 the following
new section:
``Sec. 1787A. Health care of family members of veterans who resided in
privatized military housing
``(a) In General.--A family member of a veteran described in
paragraph (3) of section 1120A(a) of this title who resided in a
privatized 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 or condition
that is associated with residing in a privatized military housing unit
during such period.
``(b) Limitations.--(1) The Secretary may only furnish hospital
care, medical services, and nursing home care under subsection (a) to
the extent and in the amount provided in advance in appropriations Acts
for such purpose.
``(2) Hospital care, medical services, and nursing home care may
not be furnished under subsection (a) for an illness or condition of a
family member that is found, in accordance with guidelines issued by
the Under Secretary for Health, to have resulted from a cause other
than the residence of the family member described in that subsection.
``(c) Definitions.--In this section:
``(1) The term `covered illness or condition' means an
illness or condition described in section 1120A(a)(2) of this
title.
``(2) The term `privatized military housing unit' has the
meaning given that term in section 1120A(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
1787 the following new item:
``1787A. Health care of family members of veterans who resided in
privatized military housing.''.
SEC. 5. ETHICAL LIMITATIONS RELATING TO OWNERSHIP OF PRIVATIZED
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-7.
``(2) A covered individual may not own any interest (other than as
part of a widely-held investment fund described in section 13104(f)(8)
of title 5) 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. 6. MODIFICATION OF CONTRACTS AND AGREEMENTS.
The Secretary of Defense may modify any contract or agreement
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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