I 

108TH CONGRESS 

2D SESSION H. R. 4658

To amend the Servicemembers Civil Relief Act to make certain improvements 

and technical corrections to that Act. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2004

Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL

To amend the Servicemembers Civil Relief Act to make 

certain improvements and technical corrections to that Act.

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 ‘‘Servicemembers Legal 

5 Protection Act of 2004’’. 

6 SEC. 2. CLARIFICATION OF MEANING OF ‘‘JUDGMENT’’ AS 

7 USED IN THE ACT. 

8 Section 101 of the Servicemembers Civil Relief Act 

9 (50 U.S.C. App. 511) is amended by adding at the end 

10 the following new paragraph: 
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1 ‘‘(9) JUDGMENT.—The term ‘judgment’ means 

2 any judgment, decree, order, or ruling, final or tem3 porary.’’. 

4 SEC. 3. REQUIREMENTS RELATING TO WAIVER OF RIGHTS 

5 UNDER THE ACT. 

6 Section 107 of the Servicemembers Civil Relief Act 

7 (50 U.S.C. App. 517) is amended—

8 (1) In subsection (a), by inserting after the first 

9 sentence the following new sentence: ‘‘Any such 

10 waiver that applies to an action listed in subsection 

11 (b) of this section is effective only if it is in writing 

12 and is executed as an instrument separate from the 

13 obligation or liability to which it applies.’’; 

14 (2) by redesignating subsection (c) as sub15 section (d); and 

16 (3) by inserting after subsection (b) the fol17 lowing new subsection (c): 

18 ‘‘(c) PROMINENT DISPLAY OF CERTAIN CONTRACT

19 RIGHTS WAIVERS.—Any waiver in writing of a right or 

20 protection provided by this Act that applies to a contract, 

21 lease, or similar legal instrument must be in at least 12 

22 point type.’’. 
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1 SEC. 4. RIGHT OF SERVICEMEMBER PLAINTIFFS TO RE2 QUEST STAY OF CIVIL PROCEEDINGS. 

3 Section 202(a) of the Servicemembers Civil Relief Act 

4 (50 U.S.C. App. 522(a)) is amended by inserting ‘‘plain5 tiff or’’ before ‘‘defendant’’. 

6 SEC. 5. TERMINATION OF LEASES. 

7 (a) JOINT LEASES.—Subsection (a) of section 305 of 

8 the Servicemembers Civil Relief Act (50 U.S.C. App. 535) 

9 is amended—

10 (1) by designating the text of that subsection as 

11 paragraph (1), inserting before ‘‘The lessee on a’’ 

12 the following: ‘‘IN GENERAL’’, redesignating para13 graphs (1) and (2) thereof as subparagraphs (A) 

14 and (B), respectively, and realigning that text so as 

15 to be indented two ems to the right; and 

16 (2) by adding at the end the following: 

17 ‘‘(2) JOINT LEASES.—A lessee’s termination of 

18 a lease pursuant to this subsection shall terminate 

19 any obligation a dependent of the lessee may have 

20 under the lease.’’. 

21 (b) MOTOR VEHICLES LEASES.—

22 (1) APPLICABILITY TO PCS ORDERS FROM

23 STATES OUTSIDE CONUS.—Subparagraph (B) of 

24 subsection (b)(2) of such section is amended by 

25 striking ‘‘military orders for’’ and all that follows 
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1 through ‘‘or to deploy’’ and inserting ‘‘military or2 ders—

3 ‘‘(i) for a change of permanent sta4 tion—

5 ‘‘(I) from a location in the conti6 nental United States to a location out7 side the continental United States; or 

8 ‘‘(II) from a location in a State 

9 outside the continental United States 

10 to any location outside that State; or 

11 ‘‘(ii) to deploy’’. 

12 (2) DEFINITIONS.—Such section is further 

13 amended by adding at the end the following new 

14 subsection: 

15 ‘‘(i) DEFINITIONS.—

16 ‘‘(1) MILITARY ORDERS.—The term ‘military 

17 orders’, with respect to a servicemember, means offi18 cial military orders, or any notification, certification, 

19 or verification from the servicemember’s com20 manding officer, with respect to the servicemember’s 

21 current or future military duty status. 

22 ‘‘(2) CONUS.—The term ‘continental United 

23 States’ means the 48 contiguous States and the Dis24 trict of Columbia.’’. 
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1 (c) COVERAGE OF INDIVIDUAL DEPLOYMENTS.—

2 Subsection (b) of such section is further amended in para3 graph (1)(B) and paragraph (2)(B)(ii) (as designated by 

4 subsection (b) of this section) by inserting ‘‘, or as an indi5 vidual in support of a military operation,’’ after ‘‘deploy 

6 with a military unit’’. 

7 SEC. 6. PREVENTION OF DOUBLE TAXATION OF CERTAIN 

8 SERVICEMEMBERS. 

9 Section 511(c) of the Servicemembers Civil Relief Act 

10 (50 U.S.C. App. 571(c)) is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(5) USE, EXCISE, OR SIMILAR TAXES.—A tax 

13 jurisdiction may not impose a use, excise, or similar 

14 tax on the personal property of a nonresident 

15 servicemember when the laws of the tax jurisdiction 

16 fail to provide a credit against such taxes for sales, 

17 use, exercise, or similar taxes previously paid on the 

18 same property to another tax jurisdiction.’’.

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