II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemember Hous5 ing Protection Act of 2012’’. 

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•S 3179 IS

1 SEC. 2. ENHANCEMENTS TO PROTECTIONS ACCORDED 

2 UNDER THE SERVICEMEMBERS CIVIL RELIEF 

3 ACT. 

4 (a) PROTECTION OF SURVIVING SPOUSE WITH RE5 SPECT TO MORTGAGE FORECLOSURE.— 

6 (1) IN GENERAL.—Section 303 of the 

7 Servicemembers Civil Relief Act (50 U.S.C. App. 

8 533) is amended by adding at the end the following 

9 new subsection: 

10 ‘‘(e) PROTECTION OF SURVIVING SPOUSE.—With re11 spect to a servicemember who dies while in military service 

12 from a service-connected cause and who has a surviving 

13 spouse who is the servicemember’s successor in interest 

14 to property covered under subsection (a), this section shall 

15 apply to the surviving spouse with respect to that property 

16 during the 9-month period beginning on the date of such 

17 death in the same manner as if the servicemember had 

18 not died.’’. 

19 (2) EFFECTIVE DATE.—Subsection (e) of sec20 tion 303 of the Servicemembers Civil Relief Act, as 

21 added by paragraph (1), shall apply to the surviving 

22 spouse of a servicemember whose death occurs on or 

23 after the date of the enactment of this Act. 

24 (b) TERMINATION OF RESIDENTIAL LEASES.— 

25 (1) IN GENERAL.—Section 305 of such Act (50 

26 U.S.C. App. 535) is amended— 

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•S 3179 IS

1 (A) in subsection (a)(1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘or’’ at the end; 

4 (ii) in subparagraph (B), by striking 

5 the period at the end and inserting ‘‘; or’’; 

6 and 

7 (iii) by adding at the end the fol8 lowing new subparagraph: 

9 ‘‘(C) in the case of a lease described in 

10 subsection (b)(1) and subparagraph (C) of such 

11 subsection, the date the lessee is assigned to or 

12 otherwise relocates to quarters or a housing fa13 cility as described in such subparagraph.’’; and 

14 (B) in subsection (b)(1)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘or’’ at the end; 

17 (ii) in subparagraph (B), by striking 

18 the period at the end and inserting ‘‘; or’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing new subparagraph: 

22 ‘‘(C) the lease is executed by or on behalf 

23 of a person who thereafter and during the term 

24 of the lease is assigned to or otherwise relocates 

25 to quarters of the United States or a housing 

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•S 3179 IS

1 facility under the jurisdiction of a uniformed 

2 service (as defined in section 101 of title 37, 

3 United States Code), including housing pro4 vided under the Military Housing Privatization 

5 Initiative.’’. 

6 (2) MANNER OF TERMINATION.—Subsection 

7 (c)(1) of such section is amended— 

8 (A) in subparagraph (A)— 

9 (i) by inserting ‘‘in the case of a lease 

10 described subsection (b)(1) and subpara11 graph (A) or (B) of such subsection,’’ be12 fore ‘‘by delivery’’; and 

13 (ii) by striking ‘‘and’’ at the end; 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (C); and 

16 (C) by inserting after subparagraph (A) 

17 the following new subparagraph (B): 

18 ‘‘(B) in the case of a lease described in 

19 subsection (b)(1) and subparagraph (C) of such 

20 subsection, by delivery by the lessee of written 

21 notice of such termination, and a letter from 

22 the servicemember’s commanding officer indi23 cating that the servicemember has been as24 signed to or is otherwise relocating to quarters 

25 of the United States or a housing facility under 

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•S 3179 IS

1 the jurisdiction of a uniformed service (as de2 fined in section 101 of title 37, United States 

3 Code), to the lessor (or the lessor’s grantee), or 

4 to the lessor’s agent (or the agent’s grantee); 

5 and’’. 

6 (c) DEFINITION OF MILITARY ORDERS AND CONTI7 NENTAL UNITED STATES FOR PURPOSES OF ACT.— 

8 (1) TRANSFER OF DEFINITION.—Such Act is 

9 further amended by transferring paragraphs (1) and 

10 (2) of section 305(i) (50 U.S.C. App. 535(i)) to the 

11 end of section 101 (50 U.S.C. App. 511) and redes12 ignating those paragraphs as paragraphs (10) and 

13 (11). 

14 (2) CONFORMING AMENDMENTS.—Such Act is 

15 further amended— 

16 (A) in section 305 (50 U.S.C. App. 535), 

17 as amended by paragraph (1), by striking sub18 section (i); and 

19 (B) in section 705 (50 U.S.C. App. 595) 

20 by striking ‘‘or naval’’ both places it appears. 

Æ 

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