[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 486

To amend the Servicemembers Civil Relief Act to enhance protections for 
   members of the uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2011

 Mr. Whitehouse (for himself, Mr. Reed, Mr. Merkley, Mr. Sanders, and 
  Mr. Tester) 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 protections for 
   members of the uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction, 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 ``Protecting Servicemembers from 
Mortgage Abuses Act of 2011''.

SEC. 2. ENHANCED PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES RELATING 
              TO MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.

    (a) Extended Period of Protections.--
            (1) Stay of proceedings and period of adjustment of 
        obligations relating to real or personal property.--Section 
        303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 
        533(b)) is amended by striking ``within 9 months'' and 
        inserting ``within 24 months''.
            (2) Period of relief from sale, foreclosure, or seizure.--
        Section 303(c) of such Act (50 U.S.C. App. 533(c)) is amended 
        by striking ``within 9 months'' and inserting ``within 24 
        months''.
            (3) Repeal of sunset.--Subsection (c) of section 2203 of 
        the Housing and Economic Recovery Act of 2008 (50 U.S.C. App. 
        533 note) is amended to read as follows:
    ``(c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.''.
    (b) Increased Criminal Penalties.--
            (1) Felony for unlawful eviction or distress.--
                    (A) In general.--Section 301(c) of such Act (50 
                U.S.C. App. 531(c)) is amended by striking ``not more 
                than one year'' and inserting ``not more than two 
                years''.
                    (B) Clerical amendment.--Such section is further 
                amended, in the heading, by striking ``Misdemeanor'' 
                and inserting ``Felony''.
            (2) Felony for unlawful sale, foreclosure, or seizure.--
                    (A) In general.--Section 303(d) of such Act (50 
                U.S.C. App. 533(d)) is amended by striking ``not more 
                than one year'' and inserting ``not more than two 
                years''.
                    (B) Clerical amendment.--Such section is further 
                amended, in the heading, by striking ``Misdemeanor'' 
                and inserting ``Felony''.
            (3) Review of federal sentencing guidelines.--Pursuant to 
        the authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall review the 
        Federal Sentencing Guidelines and policy statements applicable 
        to offenses under section 301(c) and 303(d) of the 
        Servicemembers Civil Relief Act (50 U.S.C. App. 531(c) and 
        53(d)) to reflect the amendments made by paragraphs (1) and (2) 
        of this subsection.
    (c) Increased Civil Penalties Generally.--Section 801(b)(3) of such 
Act (50 U.S.C. App. 597(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``$55,000'' and 
        inserting ``$110,000''; and
            (2) in subparagraph (B), by striking ``$110,000'' and 
        inserting ``$220,000''.
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