S.Amdt. 1014

SA 1014. Mr. COTTON (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 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 appropriate place in title X, insert the following:

SEC. 10__. TREATMENT OF RELOCATION OF MEMBERS OF THE ARMED
FORCES FOR ACTIVE DUTY OR ACTIVE SERVICE FOR
PURPOSES OF MORTGAGE REFINANCING.

(a) In General.--Title III of the Servicemembers Civil
Relief Act is amended by inserting after section 303 (50
U.S.C. App. 533) the following new section:

``SEC. 303A. TREATMENT OF RELOCATION OF SERVICEMEMBERS FOR
ACTIVE DUTY OR ACTIVE SERVICE FOR PURPOSES OF
MORTGAGE REFINANCING.

``(a) Definitions.--In this section:
``(1) Covered refinancing mortgage.--The term `covered
refinancing mortgage' means any federally backed mortgage
that--
``(A) is made for the purpose of paying or prepaying, and
extinguishing, the outstanding obligations under an existing
mortgage or mortgages; and
``(B) is secured by the same residence that secured such
existing mortgage or mortgages described in subparagraph (A).
``(2) Existing mortgage.--The term `existing mortgage'
means a federally backed mortgage that is secured by a 1- to
4-family residence, including a condominium or a share in a
cooperative ownership housing association, that was the
principal residence of a servicemember for a period that--
``(A) had a duration of 13 consecutive months or longer;
and
``(B) ended upon the relocation of the servicemember caused
by the servicemember receiving military orders for a
permanent change of station or to deploy with a military
unit, or as an individual in support of a military operation,
for a period of not less than 18 months that did not allow
the servicemember to continue to occupy such residence as a
principal residence.
``(3) Federally backed mortgage.--The term `federally
backed mortgage' has the meaning given the term `Federally
backed mortgage loan' in section 4022 of the CARES Act (15
U.S.C. 9056).
``(b) Treatment of Absence From Residence Due to Active
Duty or Active Service.--While a servicemember who is the

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mortgagor under an existing mortgage does not reside in the
residence that secures the existing mortgage because of a
relocation described in subsection (a)(2)(B), if the
servicemember inquires about or applies for a covered
refinancing mortgage, the servicemember shall be considered,
for all purposes relating to the covered refinancing mortgage
(including such inquiry or application and eligibility for,
and compliance with, any underwriting criteria and standards
regarding such covered refinancing mortgage) to occupy the
residence that secures the existing mortgage to be paid or
prepaid by such covered refinancing mortgage as the principal
residence of the servicemember during the period of such
relocation.
``(c) Limitation.--Subsection (b) shall not apply with
respect to a servicemember who inquires about or applies for
a covered refinancing mortgage if, during the 5-year period
preceding the date of such inquiry or application, the
servicemember entered into a covered refinancing mortgage
pursuant to this section.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:

``303A. Treatment of relocation of servicemembers for active duty or
active service for purposes of mortgage refinancing.''.
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