Public Law 116-158 | Public Law 116–158: 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.

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PUBLIC LAW 116–158—AUG. 14, 2020

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.

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)

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)

adding

at the end the following new subparagraph:

“(C)

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.”

.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)

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)

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.—”.134 STAT. 708

(e)

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:

CONGRESSIONAL RECORD, Vol. 166 (2020):

June 10, considered and passed Senate.

July 20, considered and passed House.

○

Public Law 116–158: 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.

EXTENSION OF LEASE PROTECTIONS FOR SERVICEMEMBERS UNDER STOP MOVEMENT ORDERS IN RESPONSE TO LOCAL, NATIONAL, OR GLOBAL EMERGENCY.

Termination.—

Covered Leases.—

Leases of premises.—

Leases of motor vehicles.—

Effective Date of Termination.—

Lease of premises.—

Entrance to military service, permanent change of station, or deployment.—

Stop movement orders.—

Technical Correction.—

Retroactive Application.—

LEGISLATIVE HISTORY—S. 3637:

CONGRESSIONAL RECORD, Vol. 166 (2020):

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