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Union Calendar No. 640 

114TH CONGRESS 

2D SESSION H. R. 5428 

[Report No. 114–816] 

To amend the Servicemembers Civil Relief Act to authorize spouses of 

servicemembers to elect to use the same residences as the servicemembers. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2016 

Mr. FORBES introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

NOVEMBER 14, 2016 

Additional sponsors: Mr. KNIGHT, Ms. STEFANIK, Mr. BISHOP of Utah, Mr. 

GIBSON, Mr. CALVERT, Mr. CARTER of Texas, Mr. MILLER of Florida, 

and Mr. ISSA

NOVEMBER 14, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5428 RH

A BILL 

To amend the Servicemembers Civil Relief Act to authorize 

spouses of servicemembers to elect to use the same residences as the servicemembers. 


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•HR 5428 RH

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 ‘‘Military Residency 

5 Choice Act’’. 

6 SEC. 2. RESIDENCE OF SPOUSES OF SERVICEMEMBERS 

7 FOR TAX PURPOSES. 

8 (a) RESIDENCE FOR TAX PURPOSES.—Section 

9 511(a)(2) of the Servicemembers Civil Relief Act (50 

10 U.S.C. 4001(a)(2)) is amended by adding at the end the 

11 following new sentence: ‘‘The spouse of a servicemember 

12 may elect to use the same residence for purposes of tax13 ation as the servicemember regardless of the date on which 

14 the marriage of the spouse and the servicemember oc15 curred.’’. 

16 (b) APPLICABILITY.—The amendment made by sub17 section (a) shall apply with respect to any return of State 

18 or local income tax filed for any taxable year beginning 

19 with the taxable year that includes the date of the enact20 ment of this Act. 

21 SEC. 3. RESIDENCE OF SPOUSES OF SERVICEMEMBERS 

22 FOR VOTING. 

23 (a) IN GENERAL.—Section 705(b) of such Act is 

24 amended— 


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1 (1) by striking ‘‘State or local office’’ and all 

2 that follows through the period at the end of para3 graph (3) and inserting ‘‘State or local office—’’; 

4 and 

5 (2) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(1) a person who is absent from a State be8 cause the person is accompanying the person’s 

9 spouse who is absent from that same State in com10 pliance with military or naval orders shall not, solely 

11 by reason of that absence— 

12 ‘‘(A) be deemed to have lost a residence or 

13 domicile in that State, without regard to wheth14 er or not the person intends to return to that 

15 State; 

16 ‘‘(B) be deemed to have acquired a resi17 dence or domicile in any other State; or 

18 ‘‘(C) be deemed to have become a resident 

19 in or a resident of any other State; and 

20 ‘‘(2) the spouse of a servicemember may elect 

21 to use the same residence as the servicemember re22 gardless of the date on which the marriage of the 

23 spouse and the servicemember occurred.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date that is 90 days 

3 after the enactment of this Act. 


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Union Calendar No. 640 

114TH CONGRESS 

2D SESSION H. R. 5428 

[Report No. 114–816] 

A BILL 

To amend the Servicemembers Civil Relief Act to 

use the same residences as the servicemembers. authorize spouses of servicemembers to elect to 

NOVEMBER 14, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


SSpencer on DSK4SPTVN1PROD with BILLS