A bill to amend the Servicemembers Civil Relief Act to extend lease protections for servicemembers under stop movement orders in response to a local, national, or global emergency, and for other purposes.
PL 116-158 (S.3637), enacted 08/14/2020

[116th Congress Public Law 158]
[From the U.S. Government Publishing Office]



[[Page 705]]

                                     

[[Page 134 STAT. 706]]

Public Law 116-158
116th Congress

                                 An Act


 
To amend the Servicemembers Civil Relief Act to extend lease protections 
 for servicemembers under stop movement orders in response to a local, 
national, or global emergency, and for other purposes. <<NOTE: Aug. 14, 
                          2020 -  [S. 3637]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER 
                              STOP MOVEMENT ORDERS IN RESPONSE TO 
                              LOCAL, NATIONAL, OR GLOBAL 
                              EMERGENCY.

    (a) Termination.--Subsection (a)(1) of section 305 of the 
Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended--
            (1) in subparagraph (A), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the date of the lessee's stop movement order 
                described in paragraph (1)(C) or (2)(C) of subsection 
                (b), as the case may be.''.

    (b) Covered Leases.--
            (1) Leases of premises.--Paragraph (1) of subsection (b) of 
        such section is amended--
                    (A) in subparagraph (A), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) <<NOTE: Time periods.>>  the servicemember, 
                while in military service--
                          ``(i) executes a lease upon receipt of 
                      military orders for a permanent change of station 
                      or to deploy with a military unit, or as an 
                      individual in support of a military operation, for 
                      a period of not less than 90 days; and
                          ``(ii) thereafter receives a stop movement 
                      order issued by the Secretary of Defense in 
                      response to a local, national, or global 
                      emergency, effective for an indefinite period or 
                      for a period of not less than 30 days, which 
                      prevents the servicemember or servicemember's 
                      dependents from occupying the lease for a 
                      residential, professional, business, agricultural, 
                      or similar purpose.''.

[[Page 134 STAT. 707]]

            (2) Leases of motor vehicles.--Paragraph (2) of such 
        subsection is amended--
                    (A) in subparagraph (A), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (B)(ii), by striking the period 
                at the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) the servicemember, while in military service--
                          ``(i) executes a lease upon receipt of 
                      military orders described in subparagraph (B); and
                          ``(ii) <<NOTE: Time period.>>  thereafter 
                      receives a stop movement order issued by the 
                      Secretary of Defense in response to a local, 
                      national, or global emergency, effective for an 
                      indefinite period or for a period of not less than 
                      30 days, which prevents the servicemember, or the 
                      servicemember's dependents, from using the vehicle 
                      for personal or business transportation.''.

    (c) Effective Date of Termination.--Paragraph (1) of subsection (d) 
of such section is amended to read as follows:
            ``(1) Lease of premises.--
                    ``(A) Entrance to military service, permanent change 
                of station, or deployment.--In the case of a lease 
                described in subparagraph (A) or (B) of subsection 
                (b)(1) that provides for monthly payment of rent, 
                termination of the lease under subsection (a) is 
                effective 30 days after the first date on which the next 
                rental payment is due and payable after the date on 
                which the notice under subsection (c) is delivered. In 
                the case of any other lease described in subparagraphs 
                (A) and (B) of subsection (b)(1) termination of the 
                lease under subsection (a) is effective on the last day 
                of the month following the month in which the notice is 
                delivered.
                    ``(B) Stop movement orders.--In the case of a lease 
                described in subsection (b)(1)(C), termination of the 
                lease under subsection (a) is effective on the date on 
                which the requirements of subsection (c) are met for 
                such termination.''.

    (d) Technical Correction.--Subsection (i) is amended, in the matter 
before paragraph (1), by inserting ``In this section:'' after 
``Definitions.--''.

[[Page 134 STAT. 708]]

    (e) <<NOTE: Effective date. 50 USC 3955 note.>>  Retroactive 
Application.--The amendments made by this section shall apply to stop 
movement orders issued on or after March 1, 2020.

    Approved August 14, 2020.

LEGISLATIVE HISTORY--S. 3637:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            June 10, considered and passed Senate.
            July 20, considered and passed House.

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