S.Amdt. 3390

1. Adds Subtitle I--Matters Relating to the Servicemembers Civil Relief Act SEC. 1091. TERMINATION OF RESIDENTIAL LEASES AFTER ASSIGNMENT OR RELOCATION TO QUARTERS OF UNITED STATES OR HOUSING FACILITY UNDER JURISDICTION OF UNIFORMED SERVICE at the end of title X

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (j) Coordination With Other Amendments Made by This Act.--For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

   Inserted: Subtitle I--Matters Relating to the Servicemembers Civil Relief Act SEC. 1091. 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:

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   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. 1092. 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.".

   Original wording

   At the end of title X, add the following:

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As printed