[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3179 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3179

To amend the Servicemembers Civil Relief Act to enhance the protections 
accorded to servicemembers and their spouses with respect to mortgages, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2012

 Mr. Reed (for himself, Mr. Durbin, Mr. Whitehouse, Mr. Brown of Ohio, 
and Mr. Begich) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to enhance the protections 
accorded to servicemembers and their spouses with respect to mortgages, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemember Housing Protection Act 
of 2012''.

SEC. 2. ENHANCEMENTS TO PROTECTIONS ACCORDED UNDER THE SERVICEMEMBERS 
              CIVIL RELIEF ACT.

    (a) Protection of Surviving Spouse With Respect to Mortgage 
Foreclosure.--
            (1) In general.--Section 303 of the Servicemembers Civil 
        Relief Act (50 U.S.C. App. 533) is amended by adding at the end 
        the following new subsection:
    ``(e) Protection of Surviving Spouse.--With respect to a 
servicemember who dies while in military service from a service-
connected cause and who has a surviving spouse who is the 
servicemember's successor in interest to property covered under 
subsection (a), this section shall apply to the surviving spouse with 
respect to that property during the 9-month period beginning on the 
date of such death in the same manner as if the servicemember had not 
died.''.
            (2) Effective date.--Subsection (e) of section 303 of the 
        Servicemembers Civil Relief Act, as added by paragraph (1), 
        shall apply to the surviving spouse of a servicemember whose 
        death occurs on or after the date of the enactment of this Act.
    (b) Termination of Residential Leases.--
            (1) In general.--Section 305 of such Act (50 U.S.C. App. 
        535) is amended--
                    (A) in subsection (a)(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 
                subsection (b)(1) and subparagraph (C) of such 
                subsection, the date the lessee is assigned to or 
                otherwise relocates to quarters or a housing facility 
                as described in such subparagraph.''; and
                    (B) in subsection (b)(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) 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 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 
                subsection (b)(1) and subparagraph (C) of such 
                subsection, 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''.
    (c) Definition of Military Orders and Continental United States for 
Purposes of Act.--
            (1) Transfer of definition.--Such Act is further amended by 
        transferring paragraphs (1) and (2) of section 305(i) (50 
        U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 
        511) and redesignating those paragraphs as paragraphs (10) and 
        (11).
            (2) Conforming amendments.--Such Act is further amended--
                    (A) in section 305 (50 U.S.C. App. 535), as amended 
                by paragraph (1), by striking subsection (i); and
                    (B) in section 705 (50 U.S.C. App. 595) by striking 
                ``or naval'' both places it appears.
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