[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Page S3216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1682. Ms. WARREN (for herself and Mr. Portman) submitted an
amendment intended to be proposed by her to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES
AND MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN
MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of
section 305(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3955(a)), as added by section 545 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a lease described in
subsection (b) incurs a catastrophic injury or illness during
a period of military service or while performing covered
service, during the one-year period beginning on the date on
which the lessee incurs such injury or illness--
``(i) the lessee may terminate the lease; or
``(ii) in the case of a lessee who lacks the mental
capacity to contract or to manage his or her own affairs
(including disbursement of funds without limitation) due to
such injury or illness--
``(I) in a case in which the lessee has a spouse, the
spouse may terminate the lease;
``(II) in a case in which the lessee does not have a spouse
but does have an adult dependent, the dependent may terminate
the lease;
``(III) in a case in which the lessee does not have a
spouse or an adult dependent, a person who has been granted a
power of attorney by the lessee may terminate the lease; or
``(IV) in any other case, such other person as a court of
competent jurisdiction may appoint to manage the affairs of
the lessee may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) Catastrophic injury or illness.--The term
`catastrophic injury or illness' has the meaning given that
term in section 439(g) of title 37, United States Code.
``(ii) Covered service.--The term `covered service' means
full-time National Guard duty, active Guard and Reserve duty,
or inactive-duty training (as such terms are defined in
section 101(d) of title 10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by
striking ``The spouse of the lessee'' and inserting ``The
spouse or dependent of the lessee''.
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