Senate Bill 3854
116th Congress(2019-2020)
Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act of 2020
Introduced
Introduced
Introduced in Senate on Jun 1, 2020
Overview
Text
S. 3854 (Introduced-in-Senate)


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 military 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 Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act of 2020”.

SEC. 2. Clarification of termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service.

(a) Catastrophic injuries and illnesses.—Paragraph (4) of section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as added by section 545 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended to read as follows:

“(4) CATASTROPHIC INJURY OR ILLNESS OF LESSEE.—

“(A) TERMINATION.—If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—

“(i) the lessee may terminate the lease; or

“(ii) in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness—

“(I) in a case in which the lessee has a spouse, the spouse may terminate the lease;

“(II) in a case in which the lessee does not have a spouse but does have an adult dependent, the dependent may terminate the lease;

“(III) in a case in which the lessee does not have a spouse or an adult dependent, a person who has been granted a power of attorney by the lessee may terminate the lease; or

“(IV) in any other case, such other person as a court of competent jurisdiction may appoint to manage the affairs of the lessee may terminate the lease.

“(B) DEFINITIONS.—In this paragraph:

“(i) CATASTROPHIC INJURY OR ILLNESS.—The term ‘catastrophic injury or illness’ has the meaning given that term in section 439(g) of title 37, United States Code.

“(ii) COVERED SERVICE.—The term ‘covered service’ means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”.

(b) Deaths.—Paragraph (3) of such section is amended by striking “The spouse of the lessee” and inserting “The spouse or dependent of the lessee”.