S.Amdt. 2325
What it does: Adds TITLE XVI--ENHANCEMENT AND IMPROVEMENT OF SCRA at the end of division AWhat it changes
1 change to S. 1197 · shown in the bill's text
Adds TITLE XVI--ENHANCEMENT AND IMPROVEMENT OF SCRA at the end of division A
Adds a titleIn S. 1197 · Placed on Calendar Senate
(d) Conversion of Update of Implementation of Transition Action Plan From Quarterly to Biannually.--Paragraph (7)(B) of such subsection is amended by striking "90 days" and inserting"180 days".
Inserted: TITLE XVI--ENHANCEMENT AND IMPROVEMENT OF SCRA
Inserted: SEC. 1600. SHORT TITLE.
Inserted: This title may be cited as the "SCRA Enhancement and Improvement Act of 2013".
Inserted: Subtitle A--Enhancement of Rights Under Servicemembers Civil Relief Act SEC. 1601. EXTENDED PERIOD OF PROTECTION UNDER INSTALLMENT CONTRACTS FOR PURCHASE OR LEASE.
Inserted: Section 302(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 532(a)(1)) is amended, in the matter following subparagraph (B), by striking "or during that person's military service" and inserting ", during, or within one year after such servicemember's period of military service".
Inserted: SEC. 1602. MODIFICATION OF PERIOD DETERMINING WHICH ACTIONS ARE COVERED UNDER STAY OF PROCEEDINGS AND ADJUSTMENT OF OBLIGATION PROTECTIONS CONCERNING MORTGAGES AND TRUST DEEDS OF MEMBERS OF UNIFORMED SERVICES.
Inserted: (a) In General.--Section 303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533(b)) is amended by striking "filed" and inserting "pending".
Inserted: (b) Conforming Amendments.--Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1208) is amended--
Inserted: (1) by striking paragraph (1) and inserting the following new paragraph (1):
Inserted: "(1) Sunset and revival.--
Inserted: "(A) In general.--Subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533), as amended by subsections (a) and (b) of this section, are amended by striking 'within one year' each place it appears and inserting 'within 90 days'.
Inserted: "(B) Effective date.--The amendments made by subparagraph (A) shall take effect on January 1, 2015."; and
Show 145 more inserted paragraphsShow less
Inserted: (2) by striking paragraph (3).
Inserted: SEC. 1603. PROHIBITION ON COLLECTION OF PENALTIES FOR EARLY PREPAYMENT OF MORTGAGE.
Inserted: Section 203 of the Servicemembers Civil Relief Act (50 U.S.C. App. 523) is amended by adding at the end the following new subsection:
Inserted: "(c) Prohibition on Prepayment Penalties for Certain Mortgages.--
Inserted: "(1) In general.--When a servicemember discharges an obligation arising under a mortgage contract and would otherwise thereby incur a prepayment penalty, such penalty shall not accrue if--
Inserted: "(A) the servicemember is in military service at the time the prepayment penalty is incurred; and
Inserted: "(B) the reason the servicemember discharges the obligation, thereby incurring the penalty, is materially affected by such military service.
Inserted: "(2) Materially affecting military service.--For purposes of paragraph (1)(B), the requirement that the reason a servicemember discharged a mortgage obligation, thereby incurring a prepayment penalty, be materially affected by military services requires--
Inserted: "(A) that the mortgage be secured by the servicemember's primary residence; and
Inserted: "(B) that the servicemember receive permanent change of station orders.
Inserted: "(3) Relief, costs, and attorney fees.--An assessment of a penalty in violation of this subsection shall be considered a violation of this Act for purposes of title VIII.".
Inserted: SEC. 1604. PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES REGARDING PROFESSIONAL LICENSES.
Inserted: (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended by adding at the end the following new section:
Inserted: "SEC. 707. PROFESSIONAL LICENSES.
Inserted: "(a) Expiration During Period in Which Servicemembers Are Eligible for Hostile Fire or Imminent Danger Special Pay.--If a license issued by a State or local licensing authority to a servicemember would otherwise expire during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, such State or local licensing authority shall delay the expiration of such license until not earlier than the date that is 180 days after the date on which such period of eligibility ends.
Inserted: "(b) Continuing Education Requirements During Period in Which Servicemembers Are Eligible for Hostile Fire or Imminent Danger Special Pay.--If a State or local licensing authority otherwise requires a servicemember to meet any continuing education requirements to maintain a license for a trade or profession during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, such State or local licensing authority shall delay such continuing education requirement until not earlier than the date that is 180 days after the date on which such period of eligibility ends.".
Inserted: (b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by inserting after the item relating to section 706 the following new item:
Inserted: "Sec. 707. Professional licenses and certifications.".
Inserted: SEC. 1605. EXPANSION OF PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES REGARDING TAXES RESPECTING REAL PROPERTY OCCUPIED BY BUSINESSES OWNED BY SUCH MEMBERS.
Inserted: (a) In General.--Subsection (a)(2) of section 501 of the Servicemembers Civil Relief Act (50 U.S.C. App. 561) is amended by striking the matter before subparagraph (A) and inserting the following:
Inserted: "(2) real property occupied for dwelling, professional, trade, business, or agricultural purposes by a servicemember, the servicemember's dependents or employees, or a business which (without regard to the form in which such profession, trade, business, or agricultural operation is organized or carried out) is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember--".
Inserted: (b) Notice.--Such section is further amended by adding at the end the following new subsection:
Inserted: "(f) Written Notice to Taxing Authorities.--In order for real property owned by a business which is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember to be subject to the protections provided in this section, the servicemember shall provide to the applicable taxing authority written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service.".
Inserted: SEC. 1606. PROHIBITION ON DENIAL OF CREDIT BECAUSE OF ELIGIBILITY FOR PROTECTION.
Inserted: Section 108 of the Servicemembers Civil Relief Act (50 U.S.C. App. 518) is amended--
Inserted: (1) by striking "Application by" and inserting the following:
Inserted: "(a) Application or Receipt.--Application by"; and
Inserted: (2) by adding at the end the following new subsection:
Inserted: "(b) Eligibility.--
Inserted: "(1) In general.--In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.
Inserted: "(2) Construction.--Nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors, other than the entitlement of an individual to a right or protection provided under this Act, in making a determination as to whether it is appropriate to extend credit.".
Inserted: SEC. 1607. INTEREST RATE LIMITATION ON DEBT ENTERED INTO DURING MILITARY SERVICE TO CONSOLIDATE OR REFINANCE STUDENT LOANS INCURRED BEFORE MILITARY SERVICE.
Inserted: (a) In General.--Subsection (a) of section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended--
Inserted: (1) in paragraph (1), by inserting "on debt incurred before service" after "Limitation to 6 percent";
Inserted: (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
Inserted: (3) by inserting after paragraph (1) the following new paragraph (2):
Inserted: "(2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service.--An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service.";
Inserted: (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting "or (2)" after "paragraph (1)"; and
Inserted: (5) in paragraph (4), as so redesignated, by striking "paragraph (2)" and inserting "paragraph (3)".
Inserted: (b) Implementation of Limitation.--Subsection (b) of such section is amended--
Inserted: (1) in paragraph (1), by striking "the interest rate limitation in subsection (a)" and inserting "an interest rate limitation in paragraph (1) or (2) of subsection (a)"; and
Inserted: (2) in paragraph (2)--
Inserted: (A) in the paragraph heading, by striking "as of date of order to active duty"; and
Inserted: (B) by inserting before the period at the end the following: "in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2)".
Inserted: (c) Student Loan Defined.--Subsection (d) of such section is amended by adding at the end the following new paragraph:
Inserted: "(3) Student loan.--The term 'student loan' means the following:
Inserted: "(A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
Inserted: "(B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).".
Inserted: SEC. 1608. TERMINATION OF RESIDENTIAL LEASES AFTER ASSIGNMENT OR RELOCATION TO QUARTERS OF UNITED STATES OR HOUSING FACILITY UNDER JURISDICTION OF UNIFORMED SERVICE.
Inserted: (a) Termination of Residential Leases.--
Inserted: (1) In general.--Section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended--
Inserted: (A) in subsection (a)(1)--
Inserted: (i) in subparagraph (A), by striking "or" at the end;
Inserted: (ii) in subparagraph (B), by striking the period at the end and inserting "; or"; and
Inserted: (iii) by adding at the end the following new subparagraph:
Inserted: "(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
Inserted: (B) in subsection (b)(1)--
Inserted: (i) in subparagraph (A), by striking "or" at the end;
Inserted: (ii) in subparagraph (B), by striking the period at the end and inserting "; or"; and
Inserted: (iii) by adding at the end the following new subparagraph:
Inserted: "(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.".
Inserted: (2) Manner of termination.--Subsection (c)(1) of such section is amended--
Inserted: (A) in subparagraph (A)--
Inserted: (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
Inserted: (ii) by striking "and" at the end;
Inserted: (B) by redesignating subparagraph (B) as subparagraph (C); and
Inserted: (C) by inserting after subparagraph (A) the following new subparagraph (B):
Inserted: "(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".
Inserted: (b) Definition of Military Orders and Continental United States for Purposes of Act.--
Inserted: (1) Transfer of definitions.--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 such paragraphs, as so transferred, as paragraphs (10) and (11).
Inserted: (2) Conforming amendments.--Such Act is further amended--
Inserted: (A) in section 305 (50 U.S.C. App. 535), as amended by paragraph (1), by striking subsection (i); and
Inserted: (B) in section 705 (50 U.S.C. App. 595), by striking "or naval" both places it appears.
Inserted: SEC. 1609. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO MORTGAGE FORECLOSURE.
Inserted: (a) In General.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:
Inserted: "SEC. 303A. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO MORTGAGE FORECLOSURE.
Inserted: "(a) In General.--Subject to subsection (b), with respect to a servicemember who dies while in military service and who has a surviving spouse who is the servicemember's successor in interest to property covered under section 303(a), section 303 shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died.
Inserted: "(b) Notice Required.--
Inserted: "(1) In general.--To be covered under this section with respect to property, a surviving spouse shall submit written notice that such surviving spouse is so covered to the mortgagee, trustee, or other creditor of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured.
Inserted: "(2) Time.--Notice provided under paragraph (1) shall be provided with respect to a surviving spouse anytime during the one-year period beginning on the date of death of the servicemember with respect to whom the surviving spouse is to receive coverage under this section.
Inserted: "(3) Address.--Notice provided under paragraph (1) with respect to property shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured.
Inserted: "(4) Manner.--Notice provided under paragraph (1) shall be provided in writing by using a form designed under paragraph (5) or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the military service-related death of a spouse while in military service.
Inserted: "(5) Official forms.--The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).".
Inserted: (b) Effective Date.--Section 303A of such Act, as added by subsection (a), shall apply with respect to deaths that occur on or after the date of the enactment of this Act.
Inserted: (c) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by inserting after the item relating to section 303 the following new item:
Inserted: "Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure.".
Inserted: Subtitle B--Improvements to Servicemembers Civil Relief Act SEC. 1611. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED SERVICES AGAINST DEFAULT JUDGMENTS.
Inserted: (a) Modification of Plaintiff Affidavit Filing Requirement.--
Inserted: (1) In general.--Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) is amended--
Inserted: (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clauses two ems to the right;
Inserted: (B) in the matter before clause (i), as redesignated by subparagraph (A), by striking "In any" and inserting the following:
Inserted: "(A) In general.--In any"; and
Inserted: (C) by adding at the end the following new subparagraph (B):
Inserted: "(B) Due diligence.--Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant's military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit.".
Inserted: (2) Applicability.--Paragraph (1)(B) of such section, as added by paragraph (1), shall apply with respect to actions and proceedings filed on or after the date of the enactment of this Act.
Inserted: (b) Appointment of Attorney to Represent Defendant in Military Service.--Paragraph (2) of such section (50 U.S.C. App. 521(b)) is amended--
Inserted: (1) by striking "If in an action" and inserting the following:
Inserted: "(A) In general.--If in an action";
Inserted: (2) in subparagraph (A), as designated by paragraph (1), by striking "If an attorney" and inserting the following:
Inserted: "(C) Limitations on appointed attorney.--If an attorney";
Inserted: (3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph:
Inserted: "(B) Due diligence.--If the court appoints an attorney to represent the defendant--
Inserted: "(i) the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and
Inserted: "(ii) the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant."; and
Inserted: (4) by adding at the end the following new subparagraph:
Inserted: "(D) Treatment of attorneys fees.--The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court.".
Inserted: SEC. 1612. MODIFICATION OF PERIOD IN WHICH A WAIVER OF A RIGHT PURSUANT TO A WRITTEN AGREEMENT MAY BE MADE UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended in the third sentence by striking "during or after the servicemember's period of military service" and inserting "after the occurrence of the event that gave rise to the rights or protections to be waived".
Inserted: SEC. 1613. CLARIFICATION REGARDING APPLICATION OF ENFORCEMENT AUTHORITY OF ATTORNEY GENERAL AND PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections 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.
Inserted: SEC. 1614. EXPANSION OF PROTECTIONS RELATING TO MORTGAGES TO INCLUDE OBLIGATIONS ON REAL OR PERSONAL PROPERTY FOR WHICH A SERVICEMEMBER IS PERSONALLY LIABLE AS A GUARANTOR OR CO-MAKER.
Inserted: Section 303(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended, in the matter before paragraph (1), by inserting "or an obligation on real or personal property for which a servicemember is personally liable as a guarantor or co-maker" after "by a servicemember".
Inserted: Subtitle C--Enforcement of Rights Under Servicemembers Civil Relief Act SEC. 1621. ELECTION OF ARBITRATION TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: (a) In General.--Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. App. 512) is amended by adding at the end the following new subsection:
Inserted: "(d) Election of Arbitration.--
Inserted: "(1) Consent required.--Notwithstanding any other provision of law, whenever a contract with a servicemember provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.
Inserted: "(2) Explanation required.--Notwithstanding any other provision of law, whenever arbitration is elected to settle a dispute pursuant to paragraph (1), the arbitrator shall provide the parties to such contract with a written explanation of the factual and legal basis for any decision made by the arbitrator in the course of such arbitration.".
Inserted: (b) Applicability.--Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
Inserted: SEC. 1622. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: (a) In General.--Section 801 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597) is amended by adding at the end the following:
Inserted: "(d) Issuance and Service of Civil Investigative Demands.--
Inserted: "(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--
Inserted: "(A) the production of such documentary material for inspection and copying;
Inserted: "(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or
Inserted: "(C) the production of any combination of such documentary material or answers.
Inserted: "(2) False claims.--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--
Inserted: "(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this Act;
Inserted: "(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;
Inserted: "(C) the definitions relating to 'false claims law' shall not apply; and
Inserted: "(D) provisions relating to qui tam relators shall not apply.
Inserted: "(3) Annual report.--
Inserted: "(A) In general.--Not later than one year after the date of the enactment of the SCRA Enhancement and Improvement Act of 2013 and not less frequently than once each year thereafter, the Attorney General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the issuance of civil investigative demands under this subsection during the previous one-year period.
Inserted: "(B) Elements.--Each report submitted under subparagraph (A) shall include the following for the year covered by the report:
Inserted: "(i) The number of times that a civil investigative demand was issued under this subsection.
Inserted: "(ii) For each civil investigative demand issued under this subsection with respect to an investigation, whether such investigation resulted in a settlement or conviction.".
Inserted: (b) Effective Date.--Subsection (d) of such section, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to all violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), regardless of when the violations are alleged to have occurred.
Inserted: SEC. 1623. INCREASE IN CIVIL PENALTIES FOR VIOLATION OF SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: (a) In General.--Section 801(b)(3) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended--
Inserted: (1) in subparagraph (A), by striking "$55,000" and inserting "$110,000"; and
Inserted: (2) in subparagraph (B), by striking "$110,000" and inserting "$220,000".
Inserted: (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that occur on or after such date.
Inserted: Subtitle D--Other Matters SEC. 1631. CLERICAL AMENDMENTS.
Inserted: (a) In General.--The heading for section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended by striking "RESIDENTIAL OR MOTOR VEHICLE LEASES" and inserting "LEASES OF PREMISES OCCUPIED AND MOTOR VEHICLES USED".
Inserted: (b) Table of Contents.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by striking the item relating to section 305 and inserting the following new item:
Inserted: "Sec. 305. Termination of leases of premises occupied and motor vehicles used.".
Original wording
At the end of division A add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2325. Mr. REED (for himself, Mr. Rockefeller, and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A add the following:
TITLE XVI--ENHANCEMENT AND IMPROVEMENT OF SCRA
SEC. 1600. SHORT TITLE.
This title may be cited as the “SCRA Enhancement and Improvement Act of 2013”.
Subtitle A--Enhancement of Rights Under Servicemembers Civil Relief Act SEC. 1601. EXTENDED PERIOD OF PROTECTION UNDER INSTALLMENT CONTRACTS FOR PURCHASE OR LEASE.
Section 302(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. App. 532(a)(1)) is amended, in the matter following subparagraph (B), by striking “or during that person's military service” and inserting “, during, or within one year after such servicemember's period of military service”.
SEC. 1602. MODIFICATION OF PERIOD DETERMINING WHICH ACTIONS ARE COVERED UNDER STAY OF PROCEEDINGS AND ADJUSTMENT OF OBLIGATION PROTECTIONS CONCERNING MORTGAGES AND TRUST DEEDS OF MEMBERS OF UNIFORMED SERVICES.
(a) In General.--Section 303(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533(b)) is amended by striking “filed” and inserting “pending”.
(b) Conforming Amendments.--Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1208) is amended--
(1) by striking paragraph (1) and inserting the following new paragraph (1):
“(1) Sunset and revival.--
“(A) In general.--Subsections (b) and (c) of section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533), as amended by subsections (a) and (b) of this section, are amended by striking ‘within one year' each place it appears and inserting ‘within 90 days'.
“(B) Effective date.--The amendments made by subparagraph (A) shall take effect on January 1, 2015.”; and
(2) by striking paragraph (3).
SEC. 1603. PROHIBITION ON COLLECTION OF PENALTIES FOR EARLY PREPAYMENT OF MORTGAGE.
Section 203 of the Servicemembers Civil Relief Act (50 U.S.C. App. 523) is amended by adding at the end the following new subsection:
“(c) Prohibition on Prepayment Penalties for Certain Mortgages.--
“(1) In general.--When a servicemember discharges an obligation arising under a mortgage contract and would otherwise thereby incur a prepayment penalty, such penalty shall not accrue if--
“(A) the servicemember is in military service at the time the prepayment penalty is incurred; and
“(B) the reason the servicemember discharges the obligation, thereby incurring the penalty, is materially affected by such military service.
“(2) Materially affecting military service.--For purposes of paragraph (1)(B), the requirement that the reason a servicemember discharged a mortgage obligation, thereby incurring a prepayment penalty, be materially affected by military services requires--
“(A) that the mortgage be secured by the servicemember's primary residence; and
“(B) that the servicemember receive permanent change of station orders.
“(3) Relief, costs, and attorney fees.--An assessment of a penalty in violation of this subsection shall be considered a violation of this Act for purposes of title VIII.”.
SEC. 1604. PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES REGARDING PROFESSIONAL LICENSES.
(a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended by adding at the end the following new section:
“SEC. 707. PROFESSIONAL LICENSES.
“(a) Expiration During Period in Which Servicemembers Are Eligible for Hostile Fire or Imminent Danger Special Pay.--If a license issued by a State or local licensing authority to a servicemember would otherwise expire during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, such State or local licensing authority shall delay the expiration of such license until not earlier than the date that is 180 days after the date on which such period of eligibility ends.
“(b) Continuing Education Requirements During Period in Which Servicemembers Are Eligible for Hostile Fire or Imminent Danger Special Pay.--If a State or local licensing authority otherwise requires a servicemember to meet any continuing education requirements to maintain a license for a trade or profession during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, such State or local licensing authority shall delay such continuing education requirement until not earlier than the date that is 180 days after the date on which such period of eligibility ends.”.
(b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by inserting after the item relating to section 706 the following new item:
“Sec. 707. Professional licenses and certifications.”.
SEC. 1605. EXPANSION OF PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES REGARDING TAXES RESPECTING REAL PROPERTY OCCUPIED BY BUSINESSES OWNED BY SUCH MEMBERS.
(a) In General.--Subsection (a)(2) of section 501 of the Servicemembers Civil Relief Act (50 U.S.C. App. 561) is amended by striking the matter before subparagraph (A) and inserting the following:
“(2) real property occupied for dwelling, professional, trade, business, or agricultural purposes by a servicemember, the servicemember's dependents or employees, or a business which (without regard to the form in which such profession, trade, business, or agricultural operation is organized or carried out) is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember--”.
(b) Notice.--Such section is further amended by adding at the end the following new subsection:
“(f) Written Notice to Taxing Authorities.--In order for real property owned by a business which is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember to be subject to the protections provided in this section, the servicemember shall provide to the applicable taxing authority written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service.”.
SEC. 1606. PROHIBITION ON DENIAL OF CREDIT BECAUSE OF ELIGIBILITY FOR PROTECTION.
Section 108 of the Servicemembers Civil Relief Act (50 U.S.C. App. 518) is amended--
(1) by striking “Application by” and inserting the following:
“(a) Application or Receipt.--Application by”; and
(2) by adding at the end the following new subsection:
“(b) Eligibility.--
“(1) In general.--In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.
“(2) Construction.--Nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors, other than the entitlement of an individual to a right or protection provided under this Act, in making a determination as to whether it is appropriate to extend credit.”.
SEC. 1607. INTEREST RATE LIMITATION ON DEBT ENTERED INTO DURING MILITARY SERVICE TO CONSOLIDATE OR REFINANCE STUDENT LOANS INCURRED BEFORE MILITARY SERVICE.
(a) In General.--Subsection (a) of section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended--
(1) in paragraph (1), by inserting “on debt incurred before service” after “Limitation to 6 percent”;
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(3) by inserting after paragraph (1) the following new paragraph (2):
“(2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service.--An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service.”;
(4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by inserting “or (2)” after “paragraph (1)”; and
(5) in paragraph (4), as so redesignated, by striking “paragraph (2)” and inserting “paragraph (3)”.
(b) Implementation of Limitation.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking “the interest rate limitation in subsection (a)” and inserting “an interest rate limitation in paragraph (1) or (2) of subsection (a)”; and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking “as of date of order to active duty”; and
(B) by inserting before the period at the end the following: “in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2)”.
(c) Student Loan Defined.--Subsection (d) of such section is amended by adding at the end the following new paragraph:
“(3) Student loan.--The term ‘student loan' means the following:
“(A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
“(B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).”.
SEC. 1608. TERMINATION OF RESIDENTIAL LEASES AFTER ASSIGNMENT OR RELOCATION TO QUARTERS OF UNITED STATES OR HOUSING FACILITY UNDER JURISDICTION OF UNIFORMED SERVICE.
(a) Termination of Residential Leases.--
(1) In general.--Section 305 of the Servicemembers Civil Relief 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 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 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”.
(b) Definition of Military Orders and Continental United States for Purposes of Act.--
(1) Transfer of definitions.--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 such paragraphs, as so transferred, 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.
SEC. 1609. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO MORTGAGE FORECLOSURE.
(a) In General.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section:
“SEC. 303A. PROTECTION OF SURVIVING SPOUSE WITH RESPECT TO MORTGAGE FORECLOSURE.
“(a) In General.--Subject to subsection (b), with respect to a servicemember who dies while in military service and who has a surviving spouse who is the servicemember's successor in interest to property covered under section 303(a), section 303 shall apply to the surviving spouse with respect to that property during the one-year period beginning on the date of such death in the same manner as if the servicemember had not died.
“(b) Notice Required.--
“(1) In general.--To be covered under this section with respect to property, a surviving spouse shall submit written notice that such surviving spouse is so covered to the mortgagee, trustee, or other creditor of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured.
“(2) Time.--Notice provided under paragraph (1) shall be provided with respect to a surviving spouse anytime during the one-year period beginning on the date of death of the servicemember with respect to whom the surviving spouse is to receive coverage under this section.
“(3) Address.--Notice provided under paragraph (1) with respect to property shall be provided via e-mail, facsimile, standard post, or express mail to facsimile numbers and addresses, as the case may be, designated by the servicer of the mortgage, trust deed, or other security in the nature of a mortgage with which the property is secured.
“(4) Manner.--Notice provided under paragraph (1) shall be provided in writing by using a form designed under paragraph (5) or submitting a copy of a Department of Defense or Department of Veterans Affairs document evidencing the military service-related death of a spouse while in military service.
“(5) Official forms.--The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).”.
(b) Effective Date.--Section 303A of such Act, as added by subsection (a), shall apply with respect to deaths that occur on or after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by inserting after the item relating to section 303 the following new item:
“Sec. 303A. Protection of surviving spouse with respect to mortgage foreclosure.”.
Subtitle B--Improvements to Servicemembers Civil Relief Act SEC. 1611. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED SERVICES AGAINST DEFAULT JUDGMENTS.
(a) Modification of Plaintiff Affidavit Filing Requirement.--
(1) In general.--Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) is amended--
(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clauses two ems to the right;
(B) in the matter before clause (i), as redesignated by subparagraph (A), by striking “In any” and inserting the following:
“(A) In general.--In any”; and
(C) by adding at the end the following new subparagraph (B):
“(B) Due diligence.--Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant's military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit.”.
(2) Applicability.--Paragraph (1)(B) of such section, as added by paragraph (1), shall apply with respect to actions and proceedings filed on or after the date of the enactment of this Act.
(b) Appointment of Attorney to Represent Defendant in Military Service.--Paragraph (2) of such section (50 U.S.C. App. 521(b)) is amended--
(1) by striking “If in an action” and inserting the following:
“(A) In general.--If in an action”;
(2) in subparagraph (A), as designated by paragraph (1), by striking “If an attorney” and inserting the following:
“(C) Limitations on appointed attorney.--If an attorney”;
(3) by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph:
“(B) Due diligence.--If the court appoints an attorney to represent the defendant--
“(i) the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and
“(ii) the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant.”; and
(4) by adding at the end the following new subparagraph:
“(D) Treatment of attorneys fees.--The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court.”.
SEC. 1612. MODIFICATION OF PERIOD IN WHICH A WAIVER OF A RIGHT PURSUANT TO A WRITTEN AGREEMENT MAY BE MADE UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended in the third sentence by striking “during or after the servicemember's period of military service” and inserting “after the occurrence of the event that gave rise to the rights or protections to be waived”.
SEC. 1613. CLARIFICATION REGARDING APPLICATION OF ENFORCEMENT AUTHORITY OF ATTORNEY GENERAL AND PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections 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. 1614. EXPANSION OF PROTECTIONS RELATING TO MORTGAGES TO INCLUDE OBLIGATIONS ON REAL OR PERSONAL PROPERTY FOR WHICH A SERVICEMEMBER IS PERSONALLY LIABLE AS A GUARANTOR OR CO-MAKER.
Section 303(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended, in the matter before paragraph (1), by inserting “or an obligation on real or personal property for which a servicemember is personally liable as a guarantor or co-maker” after “by a servicemember”.
Subtitle C--Enforcement of Rights Under Servicemembers Civil Relief Act SEC. 1621. ELECTION OF ARBITRATION TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. App. 512) is amended by adding at the end the following new subsection:
“(d) Election of Arbitration.--
“(1) Consent required.--Notwithstanding any other provision of law, whenever a contract with a servicemember provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.
“(2) Explanation required.--Notwithstanding any other provision of law, whenever arbitration is elected to settle a dispute pursuant to paragraph (1), the arbitrator shall provide the parties to such contract with a written explanation of the factual and legal basis for any decision made by the arbitrator in the course of such arbitration.”.
(b) Applicability.--Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
SEC. 1622. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 801 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597) is amended by adding at the end the following:
“(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) False claims.--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 to false claims law investigators or investigations shall be considered references to investigators or investigations under this Act;
“(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;
“(C) the definitions relating to ‘false claims law' shall not apply; and
“(D) provisions relating to qui tam relators shall not apply.
“(3) Annual report.--
“(A) In general.--Not later than one year after the date of the enactment of the SCRA Enhancement and Improvement Act of 2013 and not less frequently than once each year thereafter, the Attorney General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the issuance of civil investigative demands under this subsection during the previous one-year period.
“(B) Elements.--Each report submitted under subparagraph (A) shall include the following for the year covered by the report:
“(i) The number of times that a civil investigative demand was issued under this subsection.
“(ii) For each civil investigative demand issued under this subsection with respect to an investigation, whether such investigation resulted in a settlement or conviction.”.
(b) Effective Date.--Subsection (d) of such section, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to all violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), regardless of when the violations are alleged to have occurred.
SEC. 1623. INCREASE IN CIVIL PENALTIES FOR VIOLATION OF SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 801(b)(3) of the Servicemembers Civil Relief 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”.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to violations of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that occur on or after such date.
Subtitle D--Other Matters SEC. 1631. CLERICAL AMENDMENTS.
(a) In General.--The heading for section 305 of the Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended by striking “RESIDENTIAL OR MOTOR VEHICLE LEASES” and inserting “LEASES OF PREMISES OCCUPIED AND MOTOR VEHICLES USED”.
(b) Table of Contents.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501(b)) is amended by striking the item relating to section 305 and inserting the following new item:
“Sec. 305. Termination of leases of premises occupied and motor vehicles used.”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
November 19, 2013