II 

116TH CONGRESS 

1ST SESSION S. 703 

To amend title 10, United States Code, to address health, safety, and environmental hazards at private military housing units, to prohibit the payment 

by members of the Armed Forces of deposits or other fees relating 

to such housing units, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2019 

Mrs. FEINSTEIN (for herself, Mr. WARNER, Mr. KAINE, Ms. HARRIS, Mr. 

BLUMENTHAL, and Mrs. SHAHEEN) 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 address health, 

safety, and environmental hazards at private military 

housing units, to prohibit the payment by members of 

the Armed Forces of deposits or other fees relating to 

such housing units, 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 ‘‘Ensuring Safe Hous5 ing for Our Military Act’’. 


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1 SEC. 2. TREATMENT OF HEALTH, SAFETY, AND ENVIRON2 MENTAL HAZARDS AT PRIVATE MILITARY 

3 HOUSING UNITS. 

4 (a) IN GENERAL.—Subchapter IV of chapter 169 of 

5 title 10, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 2887. Health, safety, and environmental hazards 

8 ‘‘(a) COMMON CREDENTIALS.—The Secretary of De9 fense shall require credentials that are the same through10 out the Department of Defense for all inspectors of health, 

11 safety, and environmental hazards at housing units ac12 quired or constructed under this subchapter, including in13 spectors contracted by the Department. 

14 ‘‘(b) REVIEW AND APPROVAL OF MOLD MANAGE15 MENT AND PEST CONTROL PLAN.—Not less frequently 

16 than annually, the commander of each military installation 

17 shall review and approve the mold management plan and 

18 pest control plan for any housing unit acquired or con19 structed under this subchapter for members of the armed 

20 forces stationed at such military installation before such 

21 plan is implemented. 

22 ‘‘(c) WITHHOLDING OF AMOUNTS.—(1) After notifi23 cation of a potential mold bloom, water intrusion, infesta24 tion, or any other health, safety, or environmental hazard 

25 at a housing unit acquired or constructed under this sub26 chapter for a member of the armed forces stationed at 


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1 a military installation, the commander of the military in2 stallation shall withhold payment to the landlord respon3 sible for such unit of the basic allowance for housing re4 ceived by the member (and any dependents of the member 

5 in the member’s household) under section 403 of title 37 

6 until— 

7 ‘‘(A) a military housing official of the Depart8 ment assesses the potential hazard; 

9 ‘‘(B) steps have been taken by the landlord to 

10 remediate the hazard; 

11 ‘‘(C) the military housing official determines, 

12 and submits such determination to the Secretary 

13 concerned in writing, that the steps taken to reme14 diate the hazard have cured the hazard; and 

15 ‘‘(D) the member agrees with the determination 

16 under subparagraph (C). 

17 ‘‘(2) The Secretary of Defense shall withhold incen18 tive fees paid to a landlord for persistent failure to remedy 

19 a health, safety, or environmental hazard, as determined 

20 by the Secretary. 

21 ‘‘(d) PAYMENT OF RELOCATION COSTS.—(1) A land22 lord responsible for a housing unit acquired or constructed 

23 under this subchapter shall pay for the reasonable reloca24 tion costs, including costs for temporary relocation, of a 


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1 member of the armed forces and their family in connection 

2 with a health, safety, or environmental hazard at the unit. 

3 ‘‘(2) In this subsection, the term ‘reasonable reloca4 tion costs’ has the meaning given that term by the Sec5 retary of Defense. 

6 ‘‘(e) PAYMENT FOR DAMAGED PERSONAL PROP7 ERTY.—A landlord responsible for a housing unit acquired 

8 or constructed under this subchapter shall reimburse a 

9 tenant of the unit for any personal property damaged as 

10 a result of a health, safety, or environmental hazard. 

11 ‘‘§ 2888. Electronic work order system 

12 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 

13 maintain an electronic work order system through which 

14 a member of the armed forces or family member of a mem15 ber of the armed forces who is a tenant of a housing unit 

16 acquired or constructed under this subchapter may re17 quest work to be done on the unit and track the progress 

18 of the work. 

19 ‘‘(b) ACCESSIBILITY.—The electronic work order sys20 tem under subsection (a) shall be accessible— 

21 ‘‘(1) to a member of the armed forces or family 

22 member of a member of the armed forces to track 

23 a work request made through such system by such 

24 an individual; 


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1 ‘‘(2) to a military housing official of the De2 partment of Defense or a commander of a military 

3 installation to track a work request made through 

4 such system by a member of the armed forces or 

5 family member of a member of the armed forces sta6 tioned at the military installation under the jurisdic7 tion of that official or commander; and 

8 ‘‘(3) to landlord responsible for a housing unit 

9 acquired or constructed under this subchapter to 

10 track a work request made through such system by 

11 a member of the armed forces or family member of 

12 a member of the armed forces living in such unit. 

13 ‘‘(c) INFORMATION.—The system maintained under 

14 subsection (a) shall include such relevant information as 

15 the Secretary considers necessary. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to the Department of De18 fense $5,000,000 to carry out this section. 

19 ‘‘§ 2889. Investigation of allegations of retaliation re20 lating to complaints 

21 ‘‘(a) IN GENERAL.—The Inspector General of the 

22 Department of Defense and the Inspector General of each 

23 military department may investigate allegations of retalia24 tion against a member of the armed forces in connection 

25 with that member reporting a complaint relating to a 


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1 housing unit acquired or constructed under this sub2 chapter. 

3 ‘‘(b) SUBMITTAL TO CONGRESS.—The Inspector 

4 General of the Department and the Inspector General of 

5 each military department shall submit to Congress the re6 sults of any investigation conducted by that person under 

7 subsection (a).’’. 

8 (b) LANDLORD DEFINED.—Section 2871 of such title 

9 is amended— 

10 (1) by redesignating paragraphs (7) and (8) as 

11 paragraphs (8) and (9), respectively; and 

12 (2) by inserting after paragraph (6) the fol13 lowing new paragraph (7): 

14 ‘‘(7) The term ‘landlord’ means an eligible enti15 ty or lessor who owns, manages, or is otherwise re16 sponsible for a housing unit under this subchapter.’’. 

17 (c) ESTABLISHMENT OF SYSTEM.—The electronic 

18 work order system to be maintained under section 2888 

19 of such title, as added by subsection (a), shall be— 

20 (1) created and tested not later than two years 

21 after the date of the enactment of this Act; and 

22 (2) implemented throughout the Department of 

23 Defense not later than three years after such date 

24 of enactment. 


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1 (d) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 169 of such title is amended 

3 by adding at the end the following new items: 

‘‘2887. Health, safety, and environmental hazards. 

‘‘2888. Electronic work order system. 

‘‘2889. Investigation of allegations of retaliation relating to complaints.’’. 

4 SEC. 3. CLARIFICATION OF PAY REQUIRED BY MEMBERS 

5 OF THE ARMED FORCES RELATING TO PRI6 VATE MILITARY HOUSING UNITS. 

7 Section 2886 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(d) TREATMENT OF DEPOSITS AND RELATED

11 FEES.—(1) The prohibition on imposing supplemental 

12 payments under subsection (a) shall include a prohibition 

13 on requiring the payment of the following: 

14 ‘‘(A) A deposit. 

15 ‘‘(B) Any fee or penalty associated with ending 

16 a lease except for a fee relating to normal wear and 

17 tear. 

18 ‘‘(2)(A) Any fee relating to normal wear and tear de19 scribed in paragraph (1)(B) shall be reviewed and ap20 proved by a military housing official of the Department 

21 of Defense before being imposed. 

22 ‘‘(B) A member of the armed forces who is subject 

23 to a fee described in subparagraph (A) may participate 


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1 in the review conducted under such subparagraph and 

2 may appeal the decision made under such review.’’. 

3 SEC. 4. INFORMATION ON LEGAL SERVICES PROVIDED TO 

4 MEMBERS OF THE ARMED FORCES HARMED 

5 BY HEALTH, SAFETY, OR ENVIRONMENTAL 

6 HAZARDS AT MILITARY HOUSING. 

7 (a) REPORT.—Not later than 90 days after the date 

8 of the enactment of this Act, the Secretary of Defense 

9 shall submit to Congress a report on the legal services that 

10 the Secretary may provide to members of the Armed 

11 Forces who have been harmed by a health, safety, or envi12 ronmental hazard while living in military housing. 

13 (b) AVAILABILITY OF INFORMATION.—The Secretary 

14 of each military department shall make the information 

15 contained in the report submitted under subsection (a) 

16 available to members of the Armed Forces on all military 

17 installations in the United States. 

Æ 


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