II 

115TH CONGRESS 

1ST SESSION S. 646 

To amend title 38, United States Code, to improve the enforcement of 

employment and reemployment rights of members of the uniformed services, to amend the Servicemembers Civil Relief Act to improve the protection of members of the uniformed services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2017 

Mr. BLUMENTHAL (for himself, Ms. HIRONO, Mr. FRANKEN, Mr. DURBIN, 

and Mr. WHITEHOUSE) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

enforcement of employment and reemployment rights of 

members of the uniformed services, to amend the 

Servicemembers Civil Relief Act to improve the protection of members of the uniformed services, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Justice for Servicemembers and Veterans Act of 2017’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•S 646 IS

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EMPLOYMENT AND REEMPLOYMENT RIGHTS 

Sec. 101. Action for relief in enforcement of employment and reemployment 

rights of members of uniformed services with respect to a State 

or private employer. 

Sec. 102. Waiver of sovereign immunity for enforcement of employment and reemployment rights of members of uniformed services. 

Sec. 103. Venue for cases against private employers for violations of employment and reemployment rights of members of uniformed services. 

Sec. 104. Standing in cases involving violations of employment and reemployment rights of members of uniformed services by States and 

private employers. 

Sec. 105. Civil investigative demands by Attorney General in enforcement of 

employment and reemployment rights of members of uniformed 

services with respect to States and private employers. 

Sec. 106. Treatment of disability discovered after employee entitled to reemployment by reason of uniformed service status resumes employment. 

Sec. 107. Burden of identifying proper reemployment positions for employees 

entitled to reemployment by reason of uniformed service status. 

Sec. 108. Clarifications regarding scope of employment and reemployment 

rights of members of the uniformed services. 

TITLE II—CIVIL RELIEF 

Sec. 201. Improved protection of members of uniformed services against default 

judgments. 

Sec. 202. Authority for issuance and service of civil investigative demands by 

Attorney General. 

Sec. 203. Oral notice sufficient to invoke interest rate cap. 

Sec. 204. Harmonization of sections. 

Sec. 205. Expansion of protection for termination of residential and motor vehicle leases. 

Sec. 206. Portability of professional licenses of members of the uniformed services and their spouses. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•S 646 IS

1 TITLE I—EMPLOYMENT AND 

2 REEMPLOYMENT RIGHTS 

3 SEC. 101. ACTION FOR RELIEF IN ENFORCEMENT OF EM4 PLOYMENT AND REEMPLOYMENT RIGHTS OF 

5 MEMBERS OF UNIFORMED SERVICES WITH 

6 RESPECT TO A STATE OR PRIVATE EM7 PLOYER. 

8 (a) INITIATION OF ACTIONS.—Paragraph (1) of sub9 section (a) of section 4323 of title 38, United States Code, 

10 is amended by striking the third sentence and inserting 

11 the following new sentences: ‘‘If the Attorney General is 

12 reasonably satisfied that the person on whose behalf the 

13 complaint is referred is entitled to the rights or benefits 

14 sought, the Attorney General may commence an action for 

15 relief under this chapter, including on behalf of the person. 

16 The person on whose behalf the complaint is referred may, 

17 upon timely application, intervene in such action and may 

18 obtain such appropriate relief as provided in subsections 

19 (d) and (e).’’. 

20 (b) ATTORNEY GENERAL NOTICE TO SERVICEMEM21 BER OF DECISION.—Paragraph (2) of such subsection is 

22 amended to read as follows: 

23 ‘‘(2)(A) Not later than 60 days after the date the 

24 Attorney General receives a referral under paragraph (1), 


asabaliauskas on DSK3SPTVN1PROD with BILLS
4 

•S 646 IS

1 the Attorney General shall transmit, in writing, to the per2 son on whose behalf the complaint is submitted— 

3 ‘‘(i) if the Attorney General has made a deci4 sion about whether the United States will commence 

5 an action for relief under paragraph (1) relating to 

6 the complaint of the person, notice of the decision; 

7 and 

8 ‘‘(ii) if the Attorney General has not made such 

9 a decision, notice of when the Attorney General ex10 pects to make such a decision. 

11 ‘‘(B) If the Attorney General notifies a person of 

12 when the Attorney General expects to make a decision 

13 under subparagraph (A)(ii), the Attorney General shall, 

14 not later than 30 days after the date on which the Attor15 ney General makes such decision, notify, in writing, the 

16 person of such decision.’’. 

17 (c) PATTERN OR PRACTICE CASES.—Such subsection 

18 is further amended— 

19 (1) by redesignating paragraph (3) as para20 graph (4); and 

21 (2) by inserting after paragraph (2) (as amend22 ed by paragraph (2) of this subsection) the following 

23 new paragraph (3): 

24 ‘‘(3) Whenever the Attorney General has reasonable 

25 cause to believe that a State (as an employer) or a private 


asabaliauskas on DSK3SPTVN1PROD with BILLS
5 

•S 646 IS

1 employer is engaged in a pattern or practice of resistance 

2 to the full enjoyment of any of the rights or benefits se3 cured by this chapter, the Attorney General may com4 mence an action under this chapter.’’. 

5 (d) ACTIONS BY PRIVATE PERSONS.—Subparagraph 

6 (C) of paragraph (4) of such subsection, as redesignated 

7 by paragraph (3)(A), is amended by striking ‘‘refused’’ 

8 and all that follows and inserting ‘‘notified by the Attorney 

9 General that the Attorney General does not intend to 

10 bring a civil action.’’. 

11 (e) CONFORMING AMENDMENT.—Subsection (h)(2) 

12 of such section is amended by striking ‘‘subsection (a)(2)’’ 

13 and inserting ‘‘subsection (a)(1) or subsection (a)(4)’’. 

14 SEC. 102. WAIVER OF SOVEREIGN IMMUNITY FOR EN15 FORCEMENT OF EMPLOYMENT AND REEM16 PLOYMENT RIGHTS OF MEMBERS OF UNI17 FORMED SERVICES. 

18 (a) IN GENERAL.—Paragraph (2) of section 4323(b) 

19 of title 38, United States Code, is amended to read as 

20 follows: 

21 ‘‘(2)(A) In the case of an action against a State (as 

22 an employer), any instrumentality of a State, or any offi23 cer or employee of a State or instrumentality of a State 

24 acting in that officer or employee’s official capacity, by 

25 any person, the action may be brought in the appropriate 


asabaliauskas on DSK3SPTVN1PROD with BILLS
6 

•S 646 IS

1 district court of the United States or in a State court of 

2 competent jurisdiction, and the State, instrumentality of 

3 the State, or officer or employee of the State or instrumen4 tality acting in that officer or employee’s official capacity 

5 shall not be immune under the Eleventh Amendment of 

6 the Constitution, or under any other doctrine of sovereign 

7 immunity, from such action. 

8 ‘‘(B)(i) No State, instrumentality of such State, or 

9 officer or employee of such State or instrumentality of 

10 such State, acting in that officer or employee’s official ca11 pacity, that receives or uses Federal financial assistance 

12 for a program or activity shall be immune, under the Elev13 enth Amendment of the Constitution or under any other 

14 doctrine of sovereign immunity, from suit in Federal or 

15 State court by any person for any violation under this 

16 chapter related to such program or activity. 

17 ‘‘(ii) In an action against a State brought pursuant 

18 to subsection (a), a court may award the remedies (includ19 ing remedies both at law and in equity) that are available 

20 under subsections (d) and (e).’’. 

21 (b) MODIFICATION OF PURPOSES.—Section 4301(a) 

22 of such title is amended, in the matter before paragraph 

23 (1), by striking ‘‘The’’ and inserting ‘‘Pursuant to the 

24 power of Congress to enact this chapter under section 8 

25 of article I of the Constitution of the United States, the’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
7 

•S 646 IS

1 SEC. 103. VENUE FOR CASES AGAINST PRIVATE EMPLOY2 ERS FOR VIOLATIONS OF EMPLOYMENT AND 

3 REEMPLOYMENT RIGHTS OF MEMBERS OF 

4 UNIFORMED SERVICES. 

5 Section 4323(c)(2) of title 38, United States Code, 

6 is amended by striking ‘‘United States district court for 

7 any district in which the private employer of the person 

8 maintains a place of business.’’ and inserting ‘‘United 

9 States district court for— 

10 ‘‘(A) any district in which the employer main11 tains a place of business; 

12 ‘‘(B) any district in which a substantial part of 

13 the events or omissions giving rise to the claim oc14 curred; or 

15 ‘‘(C) if there is no district in which an action 

16 may otherwise be brought as provided in subpara17 graph (A) or (B), any district in which the employer 

18 is subject to the court’s personal jurisdiction with re19 spect to such action.’’. 

20 SEC. 104. STANDING IN CASES INVOLVING VIOLATIONS OF 

21 EMPLOYMENT AND REEMPLOYMENT RIGHTS 

22 OF MEMBERS OF UNIFORMED SERVICES BY 

23 STATES AND PRIVATE EMPLOYERS. 

24 Section 4323(f) of title 38, United States Code, is 

25 amended— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
8 

•S 646 IS

1 (1) by inserting ‘‘by the United States or’’ after 

2 ‘‘may be initiated only’’; and 

3 (2) by striking ‘‘or by the United States under 

4 subsection (a)(1)’’. 

5 SEC. 105. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY 

6 GENERAL IN ENFORCEMENT OF EMPLOY7 MENT AND REEMPLOYMENT RIGHTS OF MEM8 BERS OF UNIFORMED SERVICES WITH RE9 SPECT TO STATES AND PRIVATE EMPLOYERS. 

10 Section 4323 of title 38, United States Code, is 

11 amended— 

12 (1) by redesignating subsection (i) as subsection 

13 (j); and 

14 (2) by inserting after subsection (h) the fol15 lowing new subsection (i): 

16 ‘‘(i) ISSUANCE AND SERVICE OF CIVIL INVESTIGA17 TIVE DEMANDS BY ATTORNEY GENERAL.—(1) Whenever 

18 the Attorney General has reason to believe that any person 

19 may be in possession, custody, or control of any documen20 tary material relevant to an investigation under this chap21 ter, the Attorney General may, before commencing a civil 

22 action under subsection (a), issue in writing and cause to 

23 be served upon such person, a civil investigative demand 

24 requiring— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
9 

•S 646 IS

1 ‘‘(A) the production of such documentary mate2 rial for inspection and copying; 

3 ‘‘(B) that the custodian of such documentary 

4 material answer in writing written questions with re5 spect to such documentary material; or 

6 ‘‘(C) the production of any combination of such 

7 documentary material or answers. 

8 ‘‘(2) The provisions governing the authority to issue, 

9 use, and enforce civil investigative demands under section 

10 3733 of title 31 (known as the ‘False Claims Act’) shall 

11 govern the authority to issue, use, and enforce civil inves12 tigative demands under paragraph (1), except that for 

13 purposes of that paragraph— 

14 ‘‘(A) a reference in that section to false claims 

15 law investigators or investigations shall be applied as 

16 referring to investigators or investigations under this 

17 chapter; 

18 ‘‘(B) a reference to interrogatories shall be ap19 plied as referring to written questions, and answers 

20 to such need not be under oath; 

21 ‘‘(C) the statutory definitions for purposes of 

22 that section relating to ‘false claims law’ shall not 

23 apply; and 

24 ‘‘(D) provisions of that section relating to qui 

25 tam relators shall not apply.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
10 

•S 646 IS

1 SEC. 106. TREATMENT OF DISABILITY DISCOVERED AFTER 

2 EMPLOYEE ENTITLED TO REEMPLOYMENT 

3 BY REASON OF UNIFORMED SERVICE STATUS 

4 RESUMES EMPLOYMENT. 

5 Section 4313(a)(3) of title 38, United States Code, 

6 is amended, in the matter before subparagraph (A), by 

7 inserting ‘‘including a disability that is brought to the em8 ployer’s attention within 5 years after the person resumes 

9 employment,’’ after ‘‘during, such service,’’. 

10 SEC. 107. BURDEN OF IDENTIFYING PROPER REEMPLOY11 MENT POSITIONS FOR EMPLOYEES ENTITLED 

12 TO REEMPLOYMENT BY REASON OF UNI13 FORMED SERVICE STATUS. 

14 Section 4313 of title 38, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(c) For purposes of this section, the employer shall 

18 have the burden of identifying the appropriate reemploy19 ment positions.’’. 

20 SEC. 108. CLARIFICATIONS REGARDING SCOPE OF EMPLOY21 MENT AND REEMPLOYMENT RIGHTS OF MEM22 BERS OF THE UNIFORMED SERVICES. 

23 (a) CLARIFICATION REGARDING DEFINITION OF

24 RIGHTS AND BENEFITS.—Section 4303(2) of title 38, 

25 United States Code, is amended— 

26 (1) by inserting ‘‘(A)’’ before ‘‘The term’’; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
11 

•S 646 IS

1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) Any procedural protections or provisions 

4 set forth in this chapter shall also be considered a 

5 right or benefit subject to the protection of this 

6 chapter.’’. 

7 (b) CLARIFICATION REGARDING RELATION TO

8 OTHER LAW AND PLANS FOR AGREEMENTS.—Section 

9 4302 of such title is amended by adding at the end the 

10 following: 

11 ‘‘(c)(1) Pursuant to this section and the procedural 

12 rights afforded by subchapter III of this chapter, any 

13 agreement to arbitrate a claim under this chapter is unen14 forceable, unless all parties consent to arbitration after a 

15 complaint on the specific claim has been filed in court or 

16 with the Merit Systems Protection Board and all parties 

17 knowingly and voluntarily consent to have that particular 

18 claim subjected to arbitration. 

19 ‘‘(2) For purposes of this subsection, consent shall 

20 not be considered voluntary when a person is required to 

21 agree to arbitrate an action, complaint, or claim alleging 

22 a violation of this chapter as a condition of future or con23 tinued employment, advancement in employment, or re24 ceipt of any right or benefit of employment.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
12 

•S 646 IS

1 TITLE II—CIVIL RELIEF 

2 SEC. 201. IMPROVED PROTECTION OF MEMBERS OF UNI3 FORMED SERVICES AGAINST DEFAULT JUDG4 MENTS. 

5 (a) APPOINTMENT OF ATTORNEY TO REPRESENT

6 DEFENDANT IN MILITARY SERVICE.—Paragraph (2) of 

7 section 201(b) of the Servicemembers Civil Relief Act (50 

8 U.S.C. 3931(b)) is amended to read as follows: 

9 ‘‘(2) APPOINTMENT OF ATTORNEY TO REP10 RESENT DEFENDANT IN MILITARY SERVICE.— 

11 ‘‘(A) IN GENERAL.—If in an action covered 

12 by this section it appears that the defendant is 

13 in military service, the court shall not enter a 

14 judgment until after the court appoints an at15 torney to represent the defendant. 

16 ‘‘(B) ACTIONS OF ATTORNEY.— 

17 ‘‘(i) IN GENERAL.—The court ap18 pointed attorney shall act only in the best 

19 interests of the defendant. 

20 ‘‘(ii) REQUEST FOR STAY OF PRO21 CEEDINGS.—The court appointed attorney, 

22 when appropriate to represent the best in23 terests of the defendant, shall request a 

24 stay of proceedings under this Act. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
13 

•S 646 IS

1 ‘‘(iii) FAITHFUL PERFORMANCE.—The 

2 court shall require the court appointed at3 torney to perform duties faithfully and, 

4 upon failure to do so, shall discharge the 

5 attorney and appoint another. 

6 ‘‘(C) LOCATION.— 

7 ‘‘(i) IN GENERAL.—The court ap8 pointed attorney shall use due diligence to 

9 locate and contact the defendant. 

10 ‘‘(ii) PROVISION OF CONTACT INFOR11 MATION.—The plaintiff must provide to 

12 the court appointed attorney all contact in13 formation it has for the defendant. 

14 ‘‘(iii) REPORT ON EFFORTS TO LO15 CATE.—A court appointed attorney unable 

16 to make contact with the defendant shall 

17 report to the court on all of the attorney’s 

18 efforts to make contact. 

19 ‘‘(iv) IMPLICATIONS OF FAILURE TO

20 LOCATE.—If an attorney appointed under 

21 this section to represent a defendant in 

22 military service cannot locate the defend23 ant, actions by the attorney in the case 

24 shall not waive any defense of the serviceVerDate Sep 11 2014 19:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S646.IS S646

asabaliauskas on DSK3SPTVN1PROD with BILLS
14 

•S 646 IS

1 member or otherwise bind the servicemem2 ber. 

3 ‘‘(D) NOTIFICATION AND ASSERTION OF

4 RIGHTS.— 

5 ‘‘(i) NOTIFICATION OF RIGHTS.— 

6 Upon making contact with the defendant, 

7 the court appointed attorney shall advise 

8 the defendant of the nature of the lawsuit 

9 and the defendant’s rights provided by this 

10 Act, including rights to obtain a stay and 

11 to request the court to adjust an obliga12 tion. 

13 ‘‘(ii) ASSERTION OF RIGHTS.—Re14 gardless of whether contact is made under 

15 clause (i), the court appointed attorney 

16 shall assert such rights on behalf of de17 fendant if there is an adequate basis in law 

18 and fact, unless the defendant provides in19 formed consent to not assert such rights.’’. 

20 (b) EXPANSION OF AUTHORITY FOR COURT TO VA21 CATE OR SET ASIDE JUDGMENT.—Paragraph (1) of sec22 tion 201(g) of the Servicemembers Civil Relief Act (50 

23 U.S.C. 3931(g)) is amended by striking subparagraphs 

24 (A) and (B) and inserting the following new subpara25 graphs (A) and (B): 


asabaliauskas on DSK3SPTVN1PROD with BILLS
15 

•S 646 IS

1 ‘‘(A)(i) the servicemember was materially 

2 affected by reason of that military service in 

3 making a defense to the action; and 

4 ‘‘(ii) the servicemember has a meritorious 

5 or legal defense to the action or some part of 

6 it; or 

7 ‘‘(B) an attorney appointed to represent 

8 the servicemember failed to adequately rep9 resent the best interests of the defendant.’’. 

10 SEC. 202. AUTHORITY FOR ISSUANCE AND SERVICE OF 

11 CIVIL INVESTIGATIVE DEMANDS BY ATTOR12 NEY GENERAL. 

13 (a) IN GENERAL.—Section 801 of the 

14 Servicemembers Civil Relief Act (50 U.S.C. 4041) is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(d) ISSUANCE AND SERVICE OF CIVIL INVESTIGA18 TIVE DEMANDS.— 

19 ‘‘(1) IN GENERAL.—Whenever the Attorney 

20 General has reason to believe that any person may 

21 be in possession, custody, or control of any docu22 mentary material relevant to an investigation under 

23 this Act, the Attorney General may, before com24 mencing a civil action under subsection (a), issue in 


asabaliauskas on DSK3SPTVN1PROD with BILLS
16 

•S 646 IS

1 writing and serve upon such person, a civil investiga2 tive demand requiring— 

3 ‘‘(A) the production of such documentary 

4 material for inspection and copying; 

5 ‘‘(B) that the custodian of such documen6 tary material answer in writing written ques7 tions with respect to such documentary mate8 rial; or 

9 ‘‘(C) the production of any combination of 

10 such documentary material or answers. 

11 ‘‘(2) PROCEDURES.—The provisions of section 

12 3733 of title 31, United States Code, governing the 

13 authority to issue, use, and enforce civil investigative 

14 demands shall apply with respect to the authority to 

15 issue, use, and enforce civil investigative demands 

16 under this section, except that, for purposes of ap17 plying such section 3733— 

18 ‘‘(A) references in that section to false 

19 claims law investigators or investigations shall 

20 be read as references to investigators or inves21 tigations; 

22 ‘‘(B) references in that section to interrog23 atories shall be read as references to written 

24 questions, and answers to such need not be 

25 under oath; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
17 

•S 646 IS

1 ‘‘(C) the statutory definitions relating to 

2 ‘false claims law’ shall not apply; and 

3 ‘‘(D) provisions relating to qui tam rela4 tors shall not apply.’’. 

5 (b) RETROACTIVE APPLICABILITY.—Section 801 of 

6 such Act (50 U.S.C. 4041), as amended by subsection (a), 

7 shall apply as if such section were included in the enact8 ment of the Soldiers’ and Sailors’ Civil Relief Act of 1940 

9 (54 Stat. 1178, chapter 888) and included in the restate10 ment of such Act in Public Law 108–189. 

11 SEC. 203. ORAL NOTICE SUFFICIENT TO INVOKE INTEREST 

12 RATE CAP. 

13 Paragraphs (1) and (2) of section 207(b) of the 

14 Servicemembers Civil Relief Act (50 U.S.C. 3937(b)) are 

15 amended to read as follows: 

16 ‘‘(1) NOTICE TO CREDITOR.— 

17 ‘‘(A) IN GENERAL.—In order for an obliga18 tion or liability of a servicemember to be subject 

19 to the interest rate limitation in subsection (a), 

20 the servicemember shall provide to the creditor 

21 oral or written notice of military service and 

22 any further extension of military service, not 

23 later than 180 days after the date of the 

24 servicemember’s termination or release from 

25 military service. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
18 

•S 646 IS

1 ‘‘(B) RECORDS.—The creditor shall retain 

2 a record of the servicemember’s oral or written 

3 notification. 

4 ‘‘(2) LIMITATION EFFECTIVE AS OF DATE OF

5 ORDER TO ACTIVE DUTY.— 

6 ‘‘(A) SEARCH OF RECORDS.—Upon receipt 

7 of oral or written notice of military service, the 

8 creditor shall conduct a search of Department 

9 of Defense records available through the De10 partment of Defense Manpower Data Center. 

11 ‘‘(B) MILITARY SERVICE CONFIRMED.—If 

12 military service is confirmed by a search under 

13 subparagraph (A), the creditor shall treat the 

14 debt in accordance with subsection (a), effective 

15 as of the date on which the servicemember is 

16 called to military service. 

17 ‘‘(C) MILITARY SERVICE NOT CON18 FIRMED.—If a search of Department of De19 fense records under subparagraph (A) does not 

20 confirm military service, the creditor shall no21 tify the servicemember and may require the 

22 servicemember to provide a copy of the 

23 servicemember’s military orders before treating 

24 the debt in accordance with subsection (a), efVerDate Sep 11 2014 19:51 Mar 20, 2017 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S646.IS S646

asabaliauskas on DSK3SPTVN1PROD with BILLS
19 

•S 646 IS

1 fective as of the date on which the servicemem2 ber is called to military service.’’. 

3 SEC. 204. HARMONIZATION OF SECTIONS. 

4 (a) IN GENERAL.—Section 303 of the 

5 Servicemembers Civil Relief Act (50 U.S.C. 3953) is 

6 amended— 

7 (1) in subsection (b), in the matter before para8 graph (1), by striking ‘‘filed’’ and inserting ‘‘pend9 ing’’; and 

10 (2) in subsection (c)(1), by striking ‘‘with a re11 turn made and approved by the court’’. 

12 (b) REPEAL OF SUNSET.—Section 710(d) of the 

13 Honoring America’s Veterans and Caring for Camp 

14 Lejeune Families Act of 2012 (Public Law 112–154; 50 

15 U.S.C. 3953 note) is amended— 

16 (1) by striking ‘‘EXTENSION OF SUNSET’’ and 

17 all that follows through ‘‘Subsection (c)’’ and insert18 ing ‘‘ELIMINATION OF PRIOR SUNSET.—Subsection 

19 (c)’’; and 

20 (2) by striking paragraph (3). 

21 SEC. 205. EXPANSION OF PROTECTION FOR TERMINATION 

22 OF RESIDENTIAL AND MOTOR VEHICLE 

23 LEASES. 

24 (a) TERMINATION OF RESIDENTIAL LEASES.— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
20 

•S 646 IS

1 (1) IN GENERAL.—Section 305 of the 

2 Servicemembers Civil Relief Act (50 U.S.C. 3955) is 

3 amended— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1)— 

6 (I) in subparagraph (A), by strik7 ing ‘‘or’’ at the end; 

8 (II) in subparagraph (B), by 

9 striking the period at the end and in10 serting ‘‘; or’’; and 

11 (III) by adding at the end the 

12 following new subparagraph: 

13 ‘‘(C) in the case of a lease described in 

14 subparagraph (C) of subsection (b)(1), the date 

15 the lessee is assigned to or otherwise relocates 

16 to quarters or a housing facility as described in 

17 such subparagraph.’’; and 

18 (ii) in paragraph (2), by striking ‘‘de19 pendent of the lessee’’ and inserting ‘‘co20 lessee’’; and 

21 (B) in subsection (b)(1)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘or’’ at the end; 

24 (ii) in subparagraph (B)— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
21 

•S 646 IS

1 (I) by inserting ‘‘(as defined in 

2 the Joint Federal Travel Regulations, 

3 chapter 5, paragraph U5000B)’’ after 

4 ‘‘permanent change of station’’; and 

5 (II) by striking the period at the 

6 end and inserting ‘‘; or’’; and 

7 (iii) by adding at the end the fol8 lowing new subparagraph: 

9 ‘‘(C) the lease is executed by or on behalf 

10 of a person who thereafter and during the term 

11 of the lease is assigned to or otherwise relocates 

12 to quarters of the United States or a housing 

13 facility under the jurisdiction of a uniformed 

14 service (as defined in section 101 of title 37, 

15 United States Code), including housing pro16 vided under the Military Housing Privatization 

17 Initiative.’’. 

18 (2) MANNER OF TERMINATION.—Subsection 

19 (c)(1) of such section is amended— 

20 (A) in subparagraph (A)— 

21 (i) by inserting ‘‘in the case of a lease 

22 described in subsection (b)(1) and sub23 paragraph (A) or (B) of such subsection,’’ 

24 before ‘‘by delivery’’; and 

25 (ii) by striking ‘‘and’’ at the end; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
22 

•S 646 IS

1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph (B): 

5 ‘‘(B) in the case of a lease described in 

6 subparagraph (C) of subsection (b)(1), by deliv7 ery by the lessee of written notice of such ter8 mination, and a letter from the servicemember’s 

9 commanding officer indicating that the service10 member has been assigned to or is otherwise re11 locating to quarters of the United States or a 

12 housing facility under the jurisdiction of a uni13 formed service (as defined in section 101 of 

14 title 37, United States Code), to the lessor (or 

15 the lessor’s grantee), or to the lessor’s agent (or 

16 the agent’s grantee); and’’. 

17 (b) WAIVER IMPERMISSIBLE.—Such section is fur18 ther amended by adding at the end the following new sub19 section: 

20 ‘‘(i) WAIVER NOT PERMITTED.—The provisions of 

21 this section may not be waived or modified by the agree22 ment of the parties under any circumstances.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
23 

•S 646 IS

1 SEC. 206. PORTABILITY OF PROFESSIONAL LICENSES OF 

2 MEMBERS OF THE UNIFORMED SERVICES 

3 AND THEIR SPOUSES. 

4 (a) IN GENERAL.—Title VII of the Servicemembers 

5 Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by 

6 inserting after section 705 (50 U.S.C. 4025) the following 

7 new section: 

8 ‘‘SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 

9 SERVICEMEMBERS AND THEIR SPOUSES. 

10 ‘‘In any case in which a servicemember has a profes11 sional license in good standing in a jurisdiction or the 

12 spouse of a servicemember has a professional license in 

13 good standing in a jurisdiction and such servicemember 

14 or spouse relocates his or her residency because of military 

15 orders to a location that is not in such jurisdiction, the 

16 professional license or certification of such servicemember 

17 or spouse shall be considered valid and in good standing 

18 in the jurisdiction of such new residency for the duration 

19 of such military orders if such servicemember or spouse— 

20 ‘‘(1) provides a copy of such military orders to 

21 the licensing authority in the jurisdiction in which 

22 the new residency is located; 

23 ‘‘(2) remains in good standing with the licens24 ing authority that issued the license; and 

25 ‘‘(3) submits to the authority of the licensing 

26 authority in the new jurisdiction for the purposes of 


asabaliauskas on DSK3SPTVN1PROD with BILLS
24 

•S 646 IS

1 standards of practice, discipline, and fulfillment of 

2 any continuing education requirements.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of such Act is amended by inserting after 

5 the item relating to section 705 the following new item: 

‘‘Sec. 705A. Portability of professional licenses of servicemembers and their 

spouses.’’. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS