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Title II — Civil relief

S. 646 · 115th Congress · Mar 15, 2017 · Lineage

II Civil relief

Sec. 201 Improved protection of members of uniformed services against default judgments

(a)
Appointment of attorney To represent defendant in military service— Paragraph (2) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. 3931(b)) is amended to read as follows:

“(2) Appointment of attorney to represent defendant in military service

“(A) In general—If in an action covered by this section it appears that the defendant is in military service, the court shall not enter a judgment until after the court appoints an attorney to represent the defendant.

“(B) Actions of attorney

“(i) In general—The court appointed attorney shall act only in the best interests of the defendant.

“(ii) Request for stay of proceedings—The court appointed attorney, when appropriate to represent the best interests of the defendant, shall request a stay of proceedings under this Act.

“(iii) Faithful performance—The court shall require the court appointed attorney to perform duties faithfully and, upon failure to do so, shall discharge the attorney and appoint another.

“(C) Location

“(i) In general—The court appointed attorney shall use due diligence to locate and contact the defendant.

“(ii) Provision of contact information—The plaintiff must provide to the court appointed attorney all contact information it has for the defendant.

“(iii) Report on efforts to locate—A court appointed attorney unable to make contact with the defendant shall report to the court on all of the attorney’s efforts to make contact.

“(iv) Implications of failure to locate—If an attorney appointed under this section to represent a defendant in military service cannot locate the defendant, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.

“(D) Notification and assertion of rights

“(i) Notification of rights—Upon making contact with the defendant, the court appointed attorney shall advise the defendant of the nature of the lawsuit and the defendant’s rights provided by this Act, including rights to obtain a stay and to request the court to adjust an obligation.

“(ii) Assertion of rights—Regardless of whether contact is made under clause (i), the court appointed attorney shall assert such rights on behalf of defendant if there is an adequate basis in law and fact, unless the defendant provides informed consent to not assert such rights.”

(b)
Expansion of authority for court To vacate or set aside judgment— Paragraph (1) of section 201(g) of the Servicemembers Civil Relief Act (50 U.S.C. 3931(g)) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs (A) and (B):

“(A)

“(i) the servicemember was materially affected by reason of that military service in making a defense to the action; and

“(ii) the servicemember has a meritorious or legal defense to the action or some part of it; or

“(B) an attorney appointed to represent the servicemember failed to adequately represent the best interests of the defendant.”

Sec. 202 Authority for issuance and service of civil investigative demands by Attorney General

(a)
In general— Section 801 of the Servicemembers Civil Relief Act (50 U.S.C. 4041) is amended by adding at the end the following new subsection:

“(d) Issuance and service of civil investigative demands

“(1) In general—Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring—

“(A) the production of such documentary material for inspection and copying;

“(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

“(C) the production of any combination of such documentary material or answers.

“(2) Procedures—The provisions of section 3733 of title 31, United States Code, governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733—

“(A) references in that section to false claims law investigators or investigations shall be read as references to investigators or investigations;

“(B) references in that section to interrogatories shall be read as references to written questions, and answers to such need not be under oath;

“(C) the statutory definitions relating to “false claims law” shall not apply; and

“(D) provisions relating to qui tam relators shall not apply.”

(b)
Retroactive applicability— Section 801 of such Act (50 U.S.C. 4041), as amended by subsection (a), shall apply as if such section were included in the enactment of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and included in the restatement of such Act in Public Law 108–189.

Sec. 203 Oral notice sufficient to invoke interest rate cap

Paragraphs (1) and (2) of section 207(b) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)) are amended to read as follows:

“(1) Notice to creditor

“(A) In general—In order for an obligation or liability of a servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor oral or written notice of military service and any further extension of military service, not later than 180 days after the date of the servicemember's termination or release from military service.

“(B) Records—The creditor shall retain a record of the servicemember’s oral or written notification.

“(2) Limitation effective as of date of order to active duty

“(A) Search of records—Upon receipt of oral or written notice of military service, the creditor shall conduct a search of Department of Defense records available through the Department of Defense Manpower Data Center.

“(B) Military service confirmed—If military service is confirmed by a search under subparagraph (A), the creditor shall treat the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service.

“(C) Military service not confirmed—If a search of Department of Defense records under subparagraph (A) does not confirm military service, the creditor shall notify the servicemember and may require the servicemember to provide a copy of the servicemember’s military orders before treating the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service.”

Sec. 204 Harmonization of sections

(a)
In general— Section 303 of the Servicemembers Civil Relief Act (50 U.S.C. 3953) is amended—
(1)
in subsection (b), in the matter before paragraph (1), by striking “filed” and inserting “pending”; and
(2)
in subsection (c)(1), by striking “with a return made and approved by the court”.
(b)
Repeal of sunset— Section 710(d) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154; 50 U.S.C. 3953 note) is amended—
(1)
by striking “Extension of sunset” and all that follows through “Subsection (c)” and inserting “Elimination of prior sunset.—Subsection (c)”; and
(2)
by striking paragraph (3).

Sec. 205 Expansion of protection for termination of residential and motor vehicle leases

(a)
Termination of residential leases—
(1)
In general— Section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—
(A)
in subsection (a)—
(i)
in paragraph (1)—
(I)
in subparagraph (A), by striking “or” at the end;
(II)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(III)
by adding at the end the following new subparagraph:

“(C) in the case of a lease described in subparagraph (C) of subsection (b)(1), the date the lessee is assigned to or otherwise relocates to quarters or a housing facility as described in such subparagraph.”

(ii)
in paragraph (2), by striking “dependent of the lessee” and inserting “co-lessee”; and
(B)
in subsection (b)(1)—
(i)
in subparagraph (A), by striking “or” at the end;
(ii)
in subparagraph (B)—
(I)
by inserting “(as defined in the Joint Federal Travel Regulations, chapter 5, paragraph U5000B)” after “permanent change of station”; and
(II)
by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following new subparagraph:

“(C) the lease is executed by or on behalf of a person who thereafter and during the term of the lease is assigned to or otherwise relocates to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), including housing provided under the Military Housing Privatization Initiative.”

(2)
Manner of termination— Subsection (c)(1) of such section is amended—
(A)
in subparagraph (A)—
(i)
by inserting “in the case of a lease described in subsection (b)(1) and subparagraph (A) or (B) of such subsection,” before “by delivery”; and
(ii)
by striking “and” at the end;
(B)
by redesignating subparagraph (B) as subparagraph (C); and
(C)
by inserting after subparagraph (A) the following new subparagraph (B):

“(B) in the case of a lease described in subparagraph (C) of subsection (b)(1), by delivery by the lessee of written notice of such termination, and a letter from the servicemember's commanding officer indicating that the servicemember has been assigned to or is otherwise relocating to quarters of the United States or a housing facility under the jurisdiction of a uniformed service (as defined in section 101 of title 37, United States Code), to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and”

(b)
Waiver impermissible— Such section is further amended by adding at the end the following new subsection:

“(i) Waiver not permitted—The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.”

Sec. 206 Portability of professional licenses of members of the uniformed services and their spouses

(a)
In general— Title VII of the Servicemembers Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 U.S.C. 4025) the following new section:

“705A. Portability of professional licenses of servicemembers and their spouses

“In any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid and in good standing in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse—

“(1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located;

“(2) remains in good standing with the licensing authority that issued the license; and

“(3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.”

(b)
Clerical amendment— The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 705 the following new item: