Bill Summary
This legislation, called the Ensuring Safe Housing for Our Military Act, aims to address health, safety, and environmental hazards in private military housing units for members of the Armed Forces. It requires the Secretary of Defense to establish consistent credentials for all inspectors of these hazards and for military installation commanders to review and approve mold management and pest control plans for these units before they are implemented. It also allows for the withholding of payments to landlords who fail to address hazards and requires landlords to pay for relocation costs and reimburse tenants for damaged personal property. The Act also mandates the creation of an electronic work order system for members of the Armed Forces to request and track maintenance and requires the Inspector General of each military department to investigate allegations of retaliation against members who report complaints about housing. Additionally, the Act clarifies that members of the Armed Forces are not required to pay deposits or fees for ending a lease related to these housing units, and that any fees for normal wear and tear must be reviewed and approved by a military housing official. Finally, it requires the Secretary of Defense to report on the availability of legal services for members who have been harmed by these hazards and for this information to be made available to all members on military installations in the United States.
Possible Impacts
1. The legislation would provide protections for members of the armed forces and their families living in private military housing by requiring credentials for inspectors and implementing an electronic work order system to ensure that health, safety, and environmental hazards are addressed promptly. This could potentially improve the living conditions for those living in military housing.
2. Landlords would be required to pay for relocation costs and reimburse tenants for damaged personal property in cases of health, safety, or environmental hazards. This could provide financial relief for members of the armed forces and their families who are affected by such hazards.
3. The legislation would prohibit landlords from charging deposits or fees for ending a lease, except for fees related to normal wear and tear. This could potentially save members of the armed forces from having to pay large sums of money when moving out of military housing.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 703 Introduced in Senate (IS)]
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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.
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 ``Ensuring Safe Housing for Our
Military Act''.
SEC. 2. TREATMENT OF HEALTH, SAFETY, AND ENVIRONMENTAL HAZARDS AT
PRIVATE MILITARY HOUSING UNITS.
(a) 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. 2887. Health, safety, and environmental hazards
``(a) Common Credentials.--The Secretary of Defense shall require
credentials that are the same throughout the Department of Defense for
all inspectors of health, safety, and environmental hazards at housing
units acquired or constructed under this subchapter, including
inspectors contracted by the Department.
``(b) Review and Approval of Mold Management and Pest Control
Plan.--Not less frequently than annually, the commander of each
military installation shall review and approve the mold management plan
and pest control plan for any housing unit acquired or constructed
under this subchapter for members of the armed forces stationed at such
military installation before such plan is implemented.
``(c) Withholding of Amounts.--(1) After notification of a
potential mold bloom, water intrusion, infestation, or any other
health, safety, or environmental hazard at a housing unit acquired or
constructed under this subchapter for a member of the armed forces
stationed at a military installation, the commander of the military
installation shall withhold payment to the landlord responsible for
such unit of the basic allowance for housing received by the member
(and any dependents of the member in the member's household) under
section 403 of title 37 until--
``(A) a military housing official of the Department
assesses the potential hazard;
``(B) steps have been taken by the landlord to remediate
the hazard;
``(C) the military housing official determines, and submits
such determination to the Secretary concerned in writing, that
the steps taken to remediate the hazard have cured the hazard;
and
``(D) the member agrees with the determination under
subparagraph (C).
``(2) The Secretary of Defense shall withhold incentive fees paid
to a landlord for persistent failure to remedy a health, safety, or
environmental hazard, as determined by the Secretary.
``(d) Payment of Relocation Costs.--(1) A landlord responsible for
a housing unit acquired or constructed under this subchapter shall pay
for the reasonable relocation costs, including costs for temporary
relocation, of a member of the armed forces and their family in
connection with a health, safety, or environmental hazard at the unit.
``(2) In this subsection, the term `reasonable relocation costs'
has the meaning given that term by the Secretary of Defense.
``(e) Payment for Damaged Personal Property.--A landlord
responsible for a housing unit acquired or constructed under this
subchapter shall reimburse a tenant of the unit for any personal
property damaged as a result of a health, safety, or environmental
hazard.
``Sec. 2888. Electronic work order system
``(a) In General.--The Secretary of Defense shall maintain an
electronic work order system through which a member of the armed forces
or family member of a member of the armed forces who is a tenant of a
housing unit acquired or constructed under this subchapter may request
work to be done on the unit and track the progress of the work.
``(b) Accessibility.--The electronic work order system under
subsection (a) shall be accessible--
``(1) to a member of the armed forces or family member of a
member of the armed forces to track a work request made through
such system by such an individual;
``(2) to a military housing official of the Department of
Defense or a commander of a military installation to track a
work request made through such system by a member of the armed
forces or family member of a member of the armed forces
stationed at the military installation under the jurisdiction
of that official or commander; and
``(3) to landlord responsible for a housing unit acquired
or constructed under this subchapter to track a work request
made through such system by a member of the armed forces or
family member of a member of the armed forces living in such
unit.
``(c) Information.--The system maintained under subsection (a)
shall include such relevant information as the Secretary considers
necessary.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Defense $5,000,000 to carry out this
section.
``Sec. 2889. Investigation of allegations of retaliation relating to
complaints
``(a) In General.--The Inspector General of the Department of
Defense and the Inspector General of each military department may
investigate allegations of retaliation against a member of the armed
forces in connection with that member reporting a complaint relating to
a housing unit acquired or constructed under this subchapter.
``(b) Submittal to Congress.--The Inspector General of the
Department and the Inspector General of each military department shall
submit to Congress the results of any investigation conducted by that
person under subsection (a).''.
(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 following new
paragraph (7):
``(7) The term `landlord' means an eligible entity or
lessor who owns, manages, or is otherwise responsible for a
housing unit under this subchapter.''.
(c) Establishment of System.--The electronic work order system to
be maintained under section 2888 of such title, as added by subsection
(a), shall be--
(1) created and tested not later than two years after the
date of the enactment of this Act; and
(2) implemented throughout the Department of Defense not
later than three years after such date of enactment.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended 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.''.
SEC. 3. CLARIFICATION OF PAY REQUIRED BY MEMBERS OF THE ARMED FORCES
RELATING TO PRIVATE MILITARY HOUSING UNITS.
Section 2886 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Treatment of Deposits and Related Fees.--(1) The prohibition
on imposing supplemental payments under subsection (a) shall include a
prohibition on requiring the payment of the following:
``(A) A deposit.
``(B) Any fee or penalty associated with ending a lease
except for a fee relating to normal wear and tear.
``(2)(A) Any fee relating to normal wear and tear described in
paragraph (1)(B) shall be reviewed and approved by a military housing
official of the Department of Defense before being imposed.
``(B) A member of the armed forces who is subject to a fee
described in subparagraph (A) may participate in the review conducted
under such subparagraph and may appeal the decision made under such
review.''.
SEC. 4. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE ARMED
FORCES HARMED BY HEALTH, SAFETY, OR ENVIRONMENTAL HAZARDS
AT MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the legal services that the Secretary may provide to members of the
Armed Forces who have been harmed by a health, safety, or environmental
hazard while living in military housing.
(b) Availability of Information.--The Secretary of each military
department shall make the information contained in the report submitted
under subsection (a) available to members of the Armed Forces on all
military installations in the United States.
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