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 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. 

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 ‘‘Leasing Relief for De5 pendents of Fallen Heroes and Injured Servicemembers 

6 Act of 2020’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3854 IS

1 SEC. 2. CLARIFICATION OF TERMINATION OF LEASES OF 

2 PREMISES AND MOTOR VEHICLES OF 

3 SERVICEMEMBERS WHO INCUR CATA4 STROPHIC INJURY OR ILLNESS OR DIE 

5 WHILE IN MILITARY SERVICE. 

6 (a) CATASTROPHIC INJURIES AND ILLNESSES.— 

7 Paragraph (4) of section 305(a) of the Servicemembers 

8 Civil Relief Act (50 U.S.C. 3955(a)), as added by section 

9 545 of the National Defense Authorization Act for Fiscal 

10 Year 2020 (Public Law 116–92), is amended to read as 

11 follows: 

12 ‘‘(4) CATASTROPHIC INJURY OR ILLNESS OF

13 LESSEE.— 

14 ‘‘(A) TERMINATION.—If the lessee on a 

15 lease described in subsection (b) incurs a cata16 strophic injury or illness during a period of 

17 military service or while performing covered 

18 service, during the one-year period beginning on 

19 the date on which the lessee incurs such injury 

20 or illness— 

21 ‘‘(i) the lessee may terminate the 

22 lease; or 

23 ‘‘(ii) in the case of a lessee who lacks 

24 the mental capacity to contract or to man25 age his or her own affairs (including disVerDate Sep 11 2014 16:12 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3854 IS

1 bursement of funds without limitation) due 

2 to such injury or illness— 

3 ‘‘(I) in a case in which the lessee 

4 has a spouse, the spouse may termi5 nate the lease; 

6 ‘‘(II) in a case in which the les7 see does not have a spouse but does 

8 have an adult dependent, the depend9 ent may terminate the lease; 

10 ‘‘(III) in a case in which the les11 see does not have a spouse or an adult 

12 dependent, a person who has been 

13 granted a power of attorney by the 

14 lessee may terminate the lease; or 

15 ‘‘(IV) in any other case, such 

16 other person as a court of competent 

17 jurisdiction may appoint to manage 

18 the affairs of the lessee may terminate 

19 the lease. 

20 ‘‘(B) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) CATASTROPHIC INJURY OR ILL22 NESS.—The term ‘catastrophic injury or 

23 illness’ has the meaning given that term in 

24 section 439(g) of title 37, United States 

25 Code. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3854 IS

1 ‘‘(ii) COVERED SERVICE.—The term 

2 ‘covered service’ means full-time National 

3 Guard duty, active Guard and Reserve 

4 duty, or inactive-duty training (as such 

5 terms are defined in section 101(d) of title 

6 10, United States Code).’’. 

7 (b) DEATHS.—Paragraph (3) of such section is 

8 amended by striking ‘‘The spouse of the lessee’’ and in9 serting ‘‘The spouse or dependent of the lessee’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS