[House Report 115-865]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-865
======================================================================
GOLD STAR SPOUSES LEASING RELIEF ACT
_______
July 24, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 5882]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5882) to amend the Servicemembers Civil Relief
Act to provide for the termination by a spouse of a lessee of
certain leases when the lessee dies while in military service,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Subcommittee Consideration....................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmarks and Tax and Tariff Benefits............................. 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Statement on Duplication of Federal Programs..................... 5
Disclosure of Directed Rulemaking................................ 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill as Reported............. 5
Purpose and Summary
H.R. 5882, the Gold Star Spouses Leasing Relief Act, would
amend the Servicemembers Civil Relief Act (SCRA) to allow the
spouse of a servicemember who dies on active duty to terminate
a residential lease within one year of the servicemember's
death, without penalty. Representative Cheri Bustos of Illinois
introduced H.R. 5882 on May 18, 2018.
Background and Need for Legislation
Section 305(a) of the SCRA authorizes a servicemember to
terminate a residential lease if they receive orders for a
permanent change of station or to deploy to support a military
operation for more than 90 days. This protection is extended to
dependents of servicemembers if they are also included on the
lease. However, if the spouse is not on the lease and the
servicemember dies during military service, the spouse does not
receive protection against penalties their landlords might
impose if they break the lease. This bill would amend this
section of the SCRA to require landlords to allow these spouses
to terminate their lease, without penalty, within one year of
the servicemember's death. The Committee believes this
amendment to the SCRA may be important for spouses who are only
living in a location because of the servicemember's military
service and may wish to move elsewhere after the
servicemember's death.
Hearings
On May 23, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including H.R. 5882.
The following witnesses testified:
The Honorable Julia Brownley, U.S. House of
Representatives, 26th District, California; The
Honorable Scott Peters, U.S. House of Representatives,
52nd District, California; The Honorable Brad Wenstrup,
U.S. House of Representatives, 2nd District, Ohio; The
Honorable Cheri Bustos, U.S. House of Representatives,
17th District, Illinois; The Honorable Ryan Costello,
U.S. House of Representatives, 6th District,
Pennsylvania; Ms. Margarita Devlin, Principal Deputy
Under Secretary for Benefits, Veterans Benefits
Administration, U.S. Department of Veterans Affairs;
Mr. John Kamin, Assistant Director, Veterans Employment
and Education Division, The American Legion; Ms. Lauren
Augustine, Vice President of Government Affairs,
Student Veterans of America; and Ms. Rebecca Burgess,
Program Manager, Program on American Citizenship,
American Enterprise Institute.
Statements for the record were submitted by:
U.S. Department of Defense; U.S. Department of
Justice; Tragedy Assistance Program for Survivors; and
Paralyzed Veterans of America
Subcommittee Consideration
There was no Subcommittee consideration of H.R. 5882.
Committee Consideration
On July 12, 2018 the full Committee met in open markup
session, a quorum being present, and ordered H.R. 5882 to be
reported favorably to the House of Representatives by voice
vote
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 5882
reported to the House. A motion by Representative Tim Walz of
Minnesota to report H.R. 5882 favorably to the House of
Representatives was adopted by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to amend SCRA to provide additional
protections to the surviving spouse of servicemembers who die
on active duty.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 5882 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
5882 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 5882 provided by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 19, 2018.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5882, the Gold
Star Spouses Leasing Relief Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Logan Smith.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5882--Gold Star Spouses Leasing Relief Act
Under current law, service members may terminate leases for
residential, business, or other properties after receiving
permanent change of station or deployment orders. H.R. 5882
would permit the spouse of a service member who dies while in
military service to terminate property leases previously
entered into by the service member. Under the bill, the spouse
could terminate such leases without charge or penalty during
the year following the service member's death. CBO estimates
that H.R. 5882 would have no effect on the federal budget.
Enacting H.R. 5882 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5882 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5882 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
The bill would impose a private-sector mandate as defined
in UMRA by prohibiting real property lessors, in certain
instances, from imposing early termination fees on the spouses
of deceased service members. Due to the small population of
spouses affected, CBO estimates that the cost of the mandate
would fall below the annual private-sector threshold
established in UMRA ($160 million in 2018, adjusted annually
for inflation).
The CBO staff contacts for this estimate are Logan Smith
(for federal costs) and Andrew Laughlin (for mandates). The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R 5882 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
5882.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 5882 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 5882 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 5882 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee estimates that H.R. 5882 contains no directed
rulemaking that would require the Secretary to prescribe
regulations.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 of the bill would set the short title of this
bill to be the ``Gold Star Spouses Leasing Relief Act''
Section 2. Termination of leases of premises of deceased servicemembers
who die while in military service
Section 2 of the bill would amend section 305(a) of the
SCRA by:
(1) striking ``BY LEASEE'' in the subsection heading;
(2) in the heading for paragraph (1), striking ``IN
GENERAL'' and inserting ``TERMINATION BY LESSEE''; and
(3) by adding a new paragraph 3 at the end of this
subsection that would authorize that the spouse of a
lessee on a lease described in subsection (b)(1) to
terminate the lease during the one-year period
beginning on the date of the death of the lessee, if
the lessee dies while in military service.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SERVICEMEMBERS CIVIL RELIEF ACT
* * * * * * *
TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT,
LEASES, TELEPHONE SERVICE CONTRACTS
* * * * * * *
SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES.
(a) Termination [by Lessee].--
(1) [In general] Termination by lessee.--The lessee
on a lease described in subsection (b) may, at the
lessee's option, terminate the lease at any time
after--
(A) the lessee's entry into military service;
or
(B) the date of the lessee's military orders
described in paragraph (1)(B) or (2)(B) of
subsection (b), as the case may be.
(2) Joint leases.--A lessee's termination of a lease
pursuant to this subsection shall terminate any
obligation a dependent of the lessee may have under the
lease.
(3) Death of lessee.--The spouse of the lessee on a
lease described in subsection (b)(1) may terminate the
lease during the one-year period beginning on the date
of the death of the lessee, if the lessee dies while in
military service.
(b) Covered Leases.--This section applies to the following
leases:
(1) Leases of premises.--A lease of premises
occupied, or intended to be occupied, by a
servicemember or a servicemember's dependents for a
residential, professional, business, agricultural, or
similar purpose if--
(A) the lease is executed by or on behalf of
a person who thereafter and during the term of
the lease enters military service; or
(B) the servicemember, while in military
service, executes the lease and thereafter
receives 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.
(2) Leases of motor vehicles.--A lease of a motor
vehicle used, or intended to be used, by a
servicemember or a servicemember's dependents for
personal or business transportation if--
(A) the lease is executed by or on behalf of
a person who thereafter and during the term of
the lease enters military service under a call
or order specifying a period of not less than
180 days (or who enters military service under
a call or order specifying a period of 180 days
or less and who, without a break in service,
receives orders extending the period of
military service to a period of not less than
180 days); or
(B) the servicemember, while in military
service, executes the lease and thereafter
receives military orders--
(i) for a change of permanent
station--
(I) from a location in the
continental United States to a
location outside the
continental United States; or
(II) from a location in a
State outside the continental
United States to any location
outside that State; or
(ii) to deploy with a military unit,
or as an individual in support of a
military operation, for a period of not
less than 180 days.
(c) Manner of Termination.--
(1) In general.--Termination of a lease under
subsection (a) is made--
(A) by delivery by the lessee of written
notice of such termination, and a copy of the
servicemember's military orders, to the lessor
(or the lessor's grantee), or to the lessor's
agent (or the agent's grantee); and
(B) in the case of a lease of a motor
vehicle, by return of the motor vehicle by the
lessee to the lessor (or the lessor's grantee),
or to the lessor's agent (or the agent's
grantee), not later than 15 days after the date
of the delivery of written notice under
subparagraph (A).
(2) Delivery of notice.--Delivery of notice under
paragraph (1)(A) may be accomplished--
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an
envelope with sufficient postage and with
return receipt requested, and addressed as
designated by the lessor (or the lessor's
grantee) or to the lessor's agent (or the
agent's grantee), and depositing the written
notice in the United States mails.
(d) Effective Date of Lease Termination.--
(1) Lease of premises.--In the case of a lease
described in 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 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.
(2) Lease of motor vehicles.--In the case of a lease
described in subsection (b)(2), termination of the
lease under subsection (a) is effective on the day on
which the requirements of subsection (c) are met for
such termination.
(e) Arrearages and Other Obligations and Liabilities.--
(1) Leases of premises.--Rent amounts for a lease
described in subsection (b)(1) that are unpaid for the
period preceding the effective date of the lease
termination shall be paid on a prorated basis. The
lessor may not impose an early termination charge, but
any taxes, summonses, or other obligations and
liabilities of the lessee in accordance with the terms
of the lease, including reasonable charges to the
lessee for excess wear, that are due and unpaid at the
time of termination of the lease shall be paid by the
lessee.
(2) Leases of motor vehicles.--Lease amounts for a
lease described in subsection (b)(2) that are unpaid
for the period preceding the effective date of the
lease termination shall be paid on a prorated basis.
The lessor may not impose an early termination charge,
but any taxes, summonses, title and registration fees,
or other obligations and liabilities of the lessee in
accordance with the terms of the lease, including
reasonable charges to the lessee for excess wear or use
and mileage, that are due and unpaid at the time of
termination of the lease shall be paid by the lessee.
(f) Rent Paid in Advance.--Rents or lease amounts paid in
advance for a period after the effective date of the
termination of the lease shall be refunded to the lessee by the
lessor (or the lessor's assignee or the assignee's agent)
within 30 days of the effective date of the termination of the
lease.
(g) Relief to Lessor.--Upon application by the lessor to a
court before the termination date provided in the written
notice, relief granted by this section to a servicemember may
be modified as justice and equity require.
(h) Misdemeanor.--Any person who knowingly seizes, holds, or
detains the personal effects, security deposit, or other
property of a servicemember or a servicemember's dependent who
lawfully terminates a lease covered by this section, or who
knowingly interferes with the removal of such property from
premises covered by such lease, for the purpose of subjecting
or attempting to subject any of such property to a claim for
rent accruing subsequent to the date of termination of such
lease, or attempts to do so, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than
one year, or both.
(i) Definitions.--
(1) Military orders.--The term ``military orders'',
with respect to a servicemember, means official
military orders, or any notification, certification, or
verification from the servicemember's commanding
officer, with respect to the servicemember's current or
future military duty status.
(2) Conus.--The term ``continental United States''
means the 48 contiguous States and the District of
Columbia.
* * * * * * *
[all]