,i #aafth ,,congress #ast ,session ,h4 ,r4 #bchd ,,in ,,the ,,house ,,of ,,representatives ,april #bi1 #bjai,ms4 ,haaland 7for herself1 ,mr4 ,bishop of ,georgia1 ,mr4 ,cartwright1 ,ms4 ,norton1 ,ms4 ,castor of ,florida1 ,mr4 ,ryan1 ,mr4 ,heck1 ,mr4 ,morelle1 and ,mr4 ,espaillat7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committees on ,veterans' ,affairs1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to improve the provision of military housing to members of the ,armed ,forces and their families through private entities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,housing ,oversight and ,service ,member ,protection ,act4 #b4 ,improvement of oversight of private military housing 7a7 ,in general ,subchapter ,,iv of chapter #afi of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new sections3 #bhhg4 ,oversight by ,department of ,defense of contracts and housing units 7a7 ,oversight of contracts 7#a7 ,the ,secretary of ,defense shall establish formal written requirements and guidance for entering into and renewing contracts under this subchapter4 7#b7 ,in deciding whether to enter into or renew a contract with a landlord under this subchapter1 the ,secretary shall consider any history of the landlord of providing substandard housing4 7#c7 ,the ,secretary-- 7,a7 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 contract2 7,b7 shall rescind a contract under this subchapter if the other party to the contract1 based on credible evidence1 fails to cure such breach within #ij days2 and 7,c7 shall not permit the other party to a contract rescinded under subparagraph 7,b7 to enter into new contracts with the ,secretary or undertake expansions under existing contracts with the ,secretary4 7#d7 ,the ,secretary of ,defense1 in coordination with the ,secretary concerned1 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the management of housing units under this subchapter in the event that a contract relating to those housing units is rescinded under paragraph 7#c77;,b74 7b7 ,standardized lease agreements ,the ,secretary of ,defense shall include in any contract with a landlord under this subchapter a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 ,defense4 7c7 ,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 concerned4 7d7 ,inspections of housing units 7#a7 ,the ,secretary of ,defense shall-- 7,a7 ensure that all housing units under this subchapter are safe1 clean1 and adequate and meet all ,federal1 state1 and local laws and standards of habitability2 7,b7 provide for the conduct of regular building code and health inspections of such housing units1 consistent with industry standards1 which shall include1 at minimum-- 7i7 inspection before each tenant first occupies a housing unit and again before the tenant moves out2 and 7ii7 inspection during and after any new construction or renovation of a housing unit2 7,c7 employ a sufficient number of independent housing inspectors with all appropriate ,state and local inspection certifications to conduct no-notice inspections under subparagraph 7,b72 and 7,d7 provide appropriate oversight to ensure that all maintenance for such housing units is completed in accordance with all applicable ,federal1 ,state1 and local health and building codes4 7#b7 7,a7 ,in providing for the conduct of inspections of housing units under paragraph 7#a77;,b71 the ,secretary shall permit ,state and local housing inspectors to conduct no-notice inspections of such units4 7,b7 ,not less frequently than annually1 the ,secretary shall notify ,state and local housing inspectors that they are permitted on a military installation to conduct inspections under subparagraph 7,a74 7#c7 ,in this subsection1 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 inspected1 including any subsidiary of that entity4 7e7 ,resident surveys ,the ,secretary of ,defense shall consult with the ,secretary of each military department1 members of the ,armed ,forces and their representatives1 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 departments4 7f7 ,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 installation4 #bhhh4 ,tenant rights 7a7 ,claim to withhold payments 7#a7 ,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 7including for any dependents of the member in the member's household7 under section #djc of title #cg1 or any other allotment of pay under section #bhhb7;c7 of this title1 for lease of the unit during the period in which-- 7,a7 the landlord responsible for such housing unit has not met maintenance guidelines and procedures established by the landlord or the ,department of ,defense1 either through contract or otherwise2 or 7,b7 such housing unit is uninhabitable according to ,state and local law for the jurisdiction in which the housing unit is located4 7#b7 7,a7 ,upon the filing of a claim by a tenant under paragraph 7#a7-- 7i7 under such procedures as the ,secretary of ,defense shall establish1 the ,defense ,finance and ,accounting ,service 7,,dfas7 or such other appropriate office or offices of the ,department of ,defense as the ,secretary shall specify for purposes of such procedures1 shall tentatively grant the request2 and 7ii7 the housing office that receives the claim shall1 not later than #ae days after the date of the request1 complete an investigation that includes an inspection conducted by housing inspectors that are certified at the ,state and local level4 7,b7 ,if the housing office agrees with a claim by a tenant under subparagraph 7,a7 with respect to a housing unit1 the housing office shall notify the landlord responsible for such unit of the issues described in subsection 7a7 that require remediation in accordance with the requirements of the ,department of ,defense or ,state or local law4 7,c7 ,if after an inspection conducted under subparagraph 7,a77ii71 the request of the tenant to withhold payment is denied1 the tenant may appeal that decision to the commander of the military installation concerned4 7#c7 ,in accordance with procedures established under paragraph 7#a77;,a77i7 for the withholding of any basic allowance for housing or other allotment pay under this subsection1 if the landlord responsible for the housing unit does not remediate the issues described in paragraph 7#a7 during a timeline reasonably established by the housing office for the remediation of the issue1 the amount payable to the landlord for such unit-- 7,a7 shall be reduced by #aj percent for each period of five days during which the issues are not remediated2 and 7,b7 the amount of any such reduction shall be returned to the tenant to whom such amount was provided4 7b7 ,disclosure of rights 7#a7 ,each housing office of a military installation shall disclose in writing to each new tenant of a housing unit under this subchapter1 upon the signing of the lease for the housing unit1 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 unit4 7#b7 ,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 unit4 7c7 ,relocation 7#a7 ,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 unit1 including moving services1 temporary lodging1 per diem1 and any other reasonable costs associated with such relocation1 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 temporarily4 7#b7 ,in the case of renovations or maintenance to a housing unit under this subchapter that necessitate a tenant relocating permanently or temporarily1 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 ,defense4 7d7 ,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 writing4 7e7 ,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 that1 if the landlord is found by the ,secretary concerned to have not maintained the minimum standards of habitability for such housing unit1 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 standards4 7f7 ,report on denied appeals ,the commander of each military installation shall submit to the congressional defense committees1 not less frequently than annually1 a report on all appeals to such commander under subsection 7b77#c7 that were denied during the year covered by the report4 7g7 ,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 unit4 7h7 ,treatment of housing laws ,notwithstanding any other provision of law1 all ,federal1 ,state1 and local housing protections that would otherwise apply to a tenant located in a jurisdiction surrounding a military installation in the ,united ,states1 including standards relating to habitability and defenses to eviction1 shall apply to a tenant residing in a housing unit under this subchapter that is located on a military installation4 #bhhi4 ,complaint database 7a7 ,database required ,the ,secretary of ,defense shall establish a database that is available to the public of complaints relating to housing units under this subchapter4 7b7 ,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 7a74 7c7 ,response by landlord 7#a7 ,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 7a7 that relate to the housing unit4 7#b7 ,any response under paragraph 7#a7 shall be included in the database under subsection 7a74 #bhij4 ,screening and registry of individuals with health conditions resulting from unsafe housing units 7a7 ,screening 7#a7 ,the ,secretary of ,defense1 in consultation with appropriate scientific agencies as determined by the ,secretary1 shall ensure that all military medical treatment facilities screen eligible individuals for covered conditions4 7#b7 ,the ,secretary may establish procedures through which screening under paragraph 7#a7 may allow an eligible individual to be included in the registry under subsection 7b74 7b7 ,registry 7#a7 ,the ,secretary of ,defense shall establish and maintain a registry of eligible individuals who have a covered condition4 7#b7 ,the ,secretary shall include any information in the registry under paragraph 7#a7 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 subchapter4 7#c7 ,the ,secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph 7#a71 including how to register and the benefits of registering4 7c7 ,definitions ,in this section3 7#a7 ,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 subchapter4 7#b7 ,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 subchapter4 4 #bhia4 ,financial transparency 7a7 ,publication of details of contracts 7#a7 ,not less frequently than annually1 the ,secretary of ,defense shall publish in the ,federal ,register the financial details of each contract for the management of housing units under this subchapter4 7#b7 ,the financial details published under paragraph 7#a7 shall include the following3 7,a7 ,base management fees for managing the housing units4 7,b7 ,incentive fees relating to the housing units1 including details on the following3 7i7 ,metrics upon which such incentive fees are paid4 7ii7 ,whether incentive fees were paid in full or withheld in part or in full during the year covered by the publication1 and if so1 why4 7,c7 ,asset management fees relating to the housing units4 7,d7 ,preferred return fees relating to the housing units4 7,e7 ,any deferred fees or other fees relating to the housing units4 7,f7 ,residual cash flow distributions relating to the housing units4 7b7 ,annual financial statements 7#a7 ,the ,secretary of ,defense shall require that each landlord submit to the ,secretary1 not less frequently than annually1 financial statements equivalent to a #aj-,k 7or successor form7 for-- 7,a7 the landlord2 and 7,b7 each contract entered into between the landlord and the ,department of ,defense under this subchapter4 7#b7 ,the ,secretary shall publish on a publicly available website of the ,department of ,defense the information submitted to the ,secretary under paragraph 7#a7 not later than #ae days after receiving that information4 4 7b7 ,landlord defined ,section #bhga of such title is amended-- 7#a7 by redesignating paragraphs 7#g7 and 7#h7 as paragraphs 7#h7 and 7#i71 respectively2 and 7#b7 by inserting after paragraph 7#f7 the following new paragraph 7#g73 7#g7 ,the term landlord means an eligible entity or lessor who owns1 manages1 or is otherwise responsible for a housing unit under this subchapter4 4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #afi of such title is amended by inserting after the item relating to section #bhhf the following new items3 #bhhg4 ,oversight by ,department of ,defense of contracts and housing units4 #bhhh4 ,tenant rights4 #bhhi4 ,complaint database4 #bhij4 ,screening and registry of individuals with health conditions resulting from unsafe housing units4 #bhia4 ,financial transparency4 4 #c4 ,annual report on private military housing ,section #bhhd of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,annual report on housing 7#a7 ,not less frequently than annually1 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 subchapter1 disaggregated by military installation4 7#b7 ,each report submitted under paragraph 7#a7 shall include the following3 7,a7 ,an assessment of the condition of housing units under this subchapter based on the average age of those units and the estimated time until recapitalization4 7,b7 ,an analysis of complaints of tenants of such housing units4 7,c7 ,an assessment of maintenance response times and completion of maintenance requests relating to such housing units4 7,d7 ,an assessment of dispute resolution relating to such housing units4 7,e7 ,an assessment of overall customer service for tenants of such housing units4 7,f7 ,a description of the results of no-notice housing inspections conducted for such housing units under section #bhhg7;c7 of this title4 7,g7 ,the results of resident surveys conducted under section #bhhg7;d7 of this title4 4 #d4 ,presumptions of service connection for illnesses associated with residing in private military housing 7a7 ,in general ,subchapter ,,ii of chapter #aa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #aaai4 ,presumptions of service connection for illnesses associated with residing in private military housing 7a7 ,presumption 7#a7 ,for purposes of section #aaaj of this title1 and subject to section #aaac of this title1 each illness1 if any1 described in paragraph 7#b7 shall be considered to have been incurred in or aggravated by service described in that paragraph1 notwithstanding that there is no record of evidence of such illness during the period of such service4 7#b7 ,an illness described in this paragraph is any diagnosed or undiagnosed illness that-- 7,a7 the ,secretary determines1 in consultation with the ,agency for ,toxic ,substances and ,disease ,registry1 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 ,registry2 and 7,b7 becomes manifest within the period1 if any1 prescribed in such regulations in a veteran who resided in a private military housing unit during service in the ,armed ,forces4 7#c7 ,for purposes of this subsection1 a veteran who resided in a private military housing unit while serving in the ,armed ,forces during the period described in paragraph 7#b7 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 means4 7b7 ,determinations relating to diseases 7#a7 ,whenever the ,secretary determines1 in consultation with the ,agency for ,toxic ,substances and ,disease ,registry1 on the basis of sound medical and scientific evidence1 that a positive association exists between residence in a private military housing unit and the occurrence of a disease in humans1 the ,secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section4 7#b7 ,in making determinations for the purpose of this subsection1 the ,secretary shall take into account all other sound medical and scientific information and analyses available to the ,secretary4 ,in evaluating any study for the purpose of making such determinations1 the ,secretary shall take into consideration whether the results are statistically significant1 are capable of replication1 and withstand peer review4 7#c7 ,an association under paragraph 7#a7 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 association4 7c7 ,removal of diseases ,whenever a disease is removed from regulations prescribed under this section-- 7#a7 a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection 7a7 before the effective date of the removal shall continue to be entitled to receive compensation on that basis2 and 7#b7 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 basis4 7d7 ,private military housing unit defined ,in this section1 the term private military housing unit means a housing unit under subchapter ,,iv of chapter #afi of title #aj4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #aaah the following new item3 #aaai4 ,presumptions of service connection for illnesses associated with residing in private military housing4 4 #e4 ,hospital care1 medical services1 and nursing home care for family members of veterans who resided in private military housing 7a7 ,in general ,subchapter ,,viii of chapter #ag of title #ch1 ,united ,states ,code1 is amended by inserting after section #aghf following new section3 #aghf;,a4 ,health care of family members of veterans who resided in private military housing 7a7 ,in general ,a family member of a veteran described in paragraph 7#c7 of section #aaai7;a7 of this title who resided in a private military housing unit during the period described in paragraph 7#b7 of such section1 or who was in utero during such period while the mother of such family member resided in such housing unit1 shall be eligible for hospital care1 medical services1 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 period4 7b7 ,definitions ,in this section3 7#a7 ,the term covered illness means an illness described in section #aaai7;a77#b7 of this title4 7#b7 ,the term private military housing unit has the meaning given that term in section #aaai7;d7 of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #aghf the following new item3 #aghf;,a4 ,health care of family members of veterans who resided in private military housing4 4 #f4 ,ethical limitations relating to ownership of private military housing entities 7a7 ,in general ,section #bjh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,in this subsection1 the term covered individual means an individual-- 7,a7 who-- 7i7 is serving as a ,member of ,congress 7as defined in section #bajf of title #e72 and 7ii7 serves on the ,committee on ,armed ,services of the ,senate or the ,committee on ,armed ,services of the ,house of ,representatives2 7,b7 who is an employee 7as defined in section #baje of title #e7 of the ,department of ,defense who is serving-- 7i7 in a ,senior ,executive ,service position 7as defined in section #cacb of title #e72 7ii7 in a position on the ,executive ,schedule under subchapter ,,ii of chapter #ec of title #e2 or 7iii7 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 ,defense2 or 7,c7 who is a member of the ,armed ,forces serving in a position for which the pay grade is at or above level ,o-#f4 7#b7 ,a covered individual may not own any interest 7other than as part of a widely held investment fund described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app477 in an entity that owns or manages a housing unit under subchapter ,,iv of chapter #afi of title #aj4 4 7b7 ,civil enforcement ,section #baf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting 7which shall not include a violation of subsection 7e7 of such section #bjh7 after #bjh2 7#b7 in subsection 7b71 in the first sentence1 by inserting or a violation of section #bjh7;e7 after #bji of this title2 and 7#c7 in subsection 7c7-- 7,a7 in the first sentence1 by inserting or a violation of section #bjh7;e7 after #bji of this title2 and 7,b7 in the second sentence1 by inserting or violation after such an offense4 #g4 ,modification of contracts ,the ,secretary of ,defense may modify any contract entered into under subchapter ,,iv of chapter #afi of title #aj1 ,united ,states ,code1 for purposes of carrying out this ,act and the amendments made by this ,act4