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II
116TH CONGRESS
2D SESSION
S. 3854
To amend the Servicemembers Civil Relief Act to clarify the authority of
servicemembers who incur a catastrophic injury or illness while in mili-
tary service to terminate leases of premises and motor vehicles, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 1, 2020
Ms. WARREN (for herself and Mr. PORTMAN) introduced the following bill;
which was read twice and referred to the Committee on Veterans’ Affairs
A BILL
To amend the Servicemembers Civil Relief Act to clarify
the authority of servicemembers who incur a catastrophic
injury or illness while in military service to terminate
leases of premises and motor vehicles, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Leasing Relief for De-
4
pendents of Fallen Heroes and Injured Servicemembers
5
Act of 2020’’.
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•S 3854 IS
SEC. 2. CLARIFICATION OF TERMINATION OF LEASES OF
1
PREMISES
AND
MOTOR
VEHICLES
OF
2
SERVICEMEMBERS
WHO
INCUR
CATA-
3
STROPHIC
INJURY
OR
ILLNESS
OR
DIE
4
WHILE IN MILITARY SERVICE.
5
(a) CATASTROPHIC INJURIES
AND ILLNESSES.—
6
Paragraph (4) of section 305(a) of the Servicemembers
7
Civil Relief Act (50 U.S.C. 3955(a)), as added by section
8
545 of the National Defense Authorization Act for Fiscal
9
Year 2020 (Public Law 116–92), is amended to read as
10
follows:
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‘‘(4) CATASTROPHIC
INJURY
OR
ILLNESS
OF
12
LESSEE.—
13
‘‘(A) TERMINATION.—If the lessee on a
14
lease described in subsection (b) incurs a cata-
15
strophic injury or illness during a period of
16
military service or while performing covered
17
service, during the one-year period beginning on
18
the date on which the lessee incurs such injury
19
or illness—
20
‘‘(i) the lessee may terminate the
21
lease; or
22
‘‘(ii) in the case of a lessee who lacks
23
the mental capacity to contract or to man-
24
age his or her own affairs (including dis-
25
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•S 3854 IS
bursement of funds without limitation) due
1
to such injury or illness—
2
‘‘(I) in a case in which the lessee
3
has a spouse, the spouse may termi-
4
nate the lease;
5
‘‘(II) in a case in which the les-
6
see does not have a spouse but does
7
have an adult dependent, the depend-
8
ent may terminate the lease;
9
‘‘(III) in a case in which the les-
10
see does not have a spouse or an adult
11
dependent, a person who has been
12
granted a power of attorney by the
13
lessee may terminate the lease; or
14
‘‘(IV) in any other case, such
15
other person as a court of competent
16
jurisdiction may appoint to manage
17
the affairs of the lessee may terminate
18
the lease.
19
‘‘(B) DEFINITIONS.—In this paragraph:
20
‘‘(i) CATASTROPHIC INJURY OR ILL-
21
NESS.—The term ‘catastrophic injury or
22
illness’ has the meaning given that term in
23
section 439(g) of title 37, United States
24
Code.
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•S 3854 IS
‘‘(ii) COVERED
SERVICE.—The term
1
‘covered service’ means full-time National
2
Guard duty, active Guard and Reserve
3
duty, or inactive-duty training (as such
4
terms are defined in section 101(d) of title
5
10, United States Code).’’.
6
(b) DEATHS.—Paragraph (3) of such section is
7
amended by striking ‘‘The spouse of the lessee’’ and in-
8
serting ‘‘The spouse or dependent of the lessee’’.
9
Æ
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