Home > 108th Congressional Bills > H.R. 100 (eh) To restate, clarify, and revise the Soldiers' and Sailors' Civil Relief Act of 1940. [Engrossed in House] ...

H.R. 100 (eh) To restate, clarify, and revise the Soldiers' and Sailors' Civil Relief Act of 1940. [Engrossed in House] ...


Google
 
Web GovRecords.org


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 21, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
100) entitled ``An Act to restate, clarify, and revise the Soliders' 
and Sailors' Civil Relief Act of 1940.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. RESTATEMENT OF ACT.

    The Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 
501 et seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Servicemembers 
Civil Relief Act'.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.

                     ``TITLE I--GENERAL PROVISIONS

``Sec. 101. Definitions.
``Sec. 102. Jurisdiction and applicability of Act.
``Sec. 103. Protection of persons secondarily liable.
``Sec. 104. Extension of protections to citizens serving with allied 
                            forces.
``Sec. 105. Notification of benefits.
``Sec. 106. Extension of rights and protections to Reserves ordered to 
                            report for military service and to persons 
                            ordered to report for induction.
``Sec. 107. Waiver of rights pursuant to written agreement.
``Sec. 108. Exercise of rights under Act not to affect certain future 
                            financial transactions.
``Sec. 109. Legal representatives.

                       ``TITLE II--GENERAL RELIEF

``Sec. 201. Protection of servicemembers against default judgments.
``Sec. 202. Stay of proceedings when servicemember has notice.
``Sec. 203. Fines and penalties under contracts.
``Sec. 204. Stay or vacation of execution of judgments, attachments, 
                            and garnishments.
``Sec. 205. Duration and term of stays; codefendants not in service.
``Sec. 206. Statute of limitations.
``Sec. 207. Maximum rate of interest on debts incurred before military 
                            service.

``TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, 
                                 LEASES

``Sec. 301. Evictions and distress.
``Sec. 302. Protection under installment contracts for purchase or 
                            lease.
``Sec. 303. Mortgages and trust deeds.
``Sec. 304. Settlement of stayed cases relating to personal property.
``Sec. 305. Termination of residential or motor vehicle leases.
``Sec. 306. Protection of life insurance policy.
``Sec. 307. Enforcement of storage liens.
``Sec. 308. Extension of protections to dependents.

                       ``TITLE IV--LIFE INSURANCE

``Sec. 401. Definitions.
``Sec. 402. Insurance rights and protections.
``Sec. 403. Application for insurance protection.
``Sec. 404. Policies entitled to protection and lapse of policies.
``Sec. 405. Policy restrictions.
``Sec. 406. Deduction of unpaid premiums.
``Sec. 407. Premiums and interest guaranteed by United States.
``Sec. 408. Regulations.
``Sec. 409. Review of findings of fact and conclusions of law.

                   ``TITLE V--TAXES AND PUBLIC LANDS

``Sec. 501. Taxes respecting personal property, money, credits, and 
                            real property.
``Sec. 502. Rights in public lands.
``Sec. 503. Desert-land entries.
``Sec. 504. Mining claims.
``Sec. 505. Mineral permits and leases.
``Sec. 506. Perfection or defense of rights.
``Sec. 507. Distribution of information concerning benefits of title.
``Sec. 508. Land rights of servicemembers.
``Sec. 509. Regulations.
``Sec. 510. Income taxes.
``Sec. 511. Residence for tax purposes.

                  ``TITLE VI--ADMINISTRATIVE REMEDIES

``Sec. 601. Inappropriate use of Act.
``Sec. 602. Certificates of service; persons reported missing.
``Sec. 603. Interlocutory orders.

                      ``TITLE VII--FURTHER RELIEF

``Sec. 701. Anticipatory relief.
``Sec. 702. Power of attorney.
``Sec. 703. Professional liability protection.
``Sec. 704. Health insurance reinstatement.
``Sec. 705. Guarantee of residency for military personnel.
``Sec. 706. Business or trade obligations.

``SEC. 2. PURPOSE.

    ``The purposes of this Act are--
            ``(1) to provide for, strengthen, and expedite the national 
        defense through protection extended by this Act to 
        servicemembers of the United States to enable such persons to 
        devote their entire energy to the defense needs of the Nation; 
        and
            ``(2) to provide for the temporary suspension of judicial 
        and administrative proceedings and transactions that may 
        adversely affect the civil rights of servicemembers during 
        their military service.

                     ``TITLE I--GENERAL PROVISIONS

``SEC. 101. DEFINITIONS.

    ``For the purposes of this Act:
            ``(1) Servicemember.--The term `servicemember' means a 
        member of the uniformed services, as that term is defined in 
        section 101(a)(5) of title 10, United States Code.
            ``(2) Military service.--The term `military service' 
        means--
                    ``(A) in the case of a servicemember who is a 
                member of the Army, Navy, Air Force, Marine Corps, or 
                Coast Guard--
                            ``(i) active duty, as defined in section 
                        101(d)(1) of title 10, United States Code, and
                            ``(ii) in the case of a member of the 
                        National Guard, includes service under a call 
                        to active service authorized by the President 
                        or the Secretary of Defense for a period of 
                        more than 30 consecutive days under section 
                        502(f) of title 32, United States Code, for 
                        purposes of responding to a national emergency 
                        declared by the President and supported by 
                        Federal funds;
                    ``(B) in the case of a servicemember who is a 
                commissioned officer of the Public Health Service or 
                the National Oceanic and Atmospheric Administration, 
                active service; and
                    ``(C) any period during which a servicemember is 
                absent from duty on account of sickness, wounds, leave, 
                or other lawful cause.
            ``(3) Period of military service.--The term `period of 
        military service' means the period beginning on the date on 
        which a servicemember enters military service and ending on the 
        date on which the servicemember is released from military 
        service or dies while in military service.
            ``(4) Dependent.--The term `dependent', with respect to a 
        servicemember, means--
                    ``(A) the servicemember's spouse;
                    ``(B) the servicemember's child (as defined in 
                section 101(4) of title 38, United States Code); or
                    ``(C) an individual for whom the servicemember 
                provided more than one-half of the individual's support 
                for 180 days immediately preceding an application for 
                relief under this Act.
            ``(5) Court.--The term `court' means a court or an 
        administrative agency of the United States or of any State 
        (including any political subdivision of a State), whether or 
        not a court or administrative agency of record.
            ``(6) State.--The term `State' includes--
                    ``(A) a commonwealth, territory, or possession of 
                the United States; and
                    ``(B) the District of Columbia.
            ``(7) Secretary concerned.--The term `Secretary 
        concerned'--
                    ``(A) with respect to a member of the armed forces, 
                has the meaning given that term in section 101(a)(9) of 
                title 10, United States Code;
                    ``(B) with respect to a commissioned officer of the 
                Public Health Service, means the Secretary of Health 
                and Human Services; and
                    ``(C) with respect to a commissioned officer of the 
                National Oceanic and Atmospheric Administration, means 
                the Secretary of Commerce.
            ``(8) Motor vehicle.--The term `motor vehicle' has the 
        meaning given that term in section 30102(a)(6) of title 49, 
        United States Code.

``SEC. 102. JURISDICTION AND APPLICABILITY OF ACT.

    ``(a) Jurisdiction.--This Act applies to--
            ``(1) the United States;
            ``(2) each of the States, including the political 
        subdivisions thereof; and
            ``(3) all territory subject to the jurisdiction of the 
        United States.
    ``(b) Applicability to Proceedings.--This Act applies to any 
judicial or administrative proceeding commenced in any court or agency 
in any jurisdiction subject to this Act. This Act does not apply to 
criminal proceedings.
    ``(c) Court in Which Application May Be Made.--When under this Act 
any application is required to be made to a court in which no 
proceeding has already been commenced with respect to the matter, such 
application may be made to any court which would otherwise have 
jurisdiction over the matter.

``SEC. 103. PROTECTION OF PERSONS SECONDARILY LIABLE.

    ``(a) Extension of Protection When Actions Stayed, Postponed, or 
Suspended.--Whenever pursuant to this Act a court stays, postpones, or 
suspends (1) the enforcement of an obligation or liability, (2) the 
prosecution of a suit or proceeding, (3) the entry or enforcement of an 
order, writ, judgment, or decree, or (4) the performance of any other 
act, the court may likewise grant such a stay, postponement, or 
suspension to a surety, guarantor, endorser, accommodation maker, 
comaker, or other person who is or may be primarily or secondarily 
subject to the obligation or liability the performance or enforcement 
of which is stayed, postponed, or suspended.
    ``(b) Vacation or Set-Aside of Judgments.--When a judgment or 
decree is vacated or set aside, in whole or in part, pursuant to this 
Act, the court may also set aside or vacate, as the case may be, the 
judgment or decree as to a surety, guarantor, endorser, accommodation 
maker, comaker, or other person who is or may be primarily or 
secondarily liable on the contract or liability for the enforcement of 
the judgment or decree.
    ``(c) Bail Bond Not To Be Enforced During Period of Military 
Service.--A court may not enforce a bail bond during the period of 
military service of the principal on the bond when military service 
prevents the surety from obtaining the attendance of the principal. The 
court may discharge the surety and exonerate the bail, in accordance 
with principles of equity and justice, during or after the period of 
military service of the principal.
    ``(d) Waiver of Rights.--
            ``(1) Waivers not precluded.--This Act does not prevent a 
        waiver in writing by a surety, guarantor, endorser, 
        accommodation maker, comaker, or other person (whether 
        primarily or secondarily liable on an obligation or liability) 
        of the protections provided under subsections (a) and (b). Any 
        such waiver is effective only if it is executed as an 
        instrument separate from the obligation or liability with 
        respect to which it applies.
            ``(2) Waiver invalidated upon entrance to military 
        service.--If a waiver under paragraph (1) is executed by an 
        individual who after the execution of the waiver enters 
        military service, or by a dependent of an individual who after 
        the execution of the waiver enters military service, the waiver 
        is not valid after the beginning of the period of such military 
        service unless the waiver was executed by such individual or 
        dependent during the period specified in section 106.

``SEC. 104. EXTENSION OF PROTECTIONS TO CITIZENS SERVING WITH ALLIED 
              FORCES.

    ``A citizen of the United States who is serving with the forces of 
a nation with which the United States is allied in the prosecution of a 
war or military action is entitled to the relief and protections 
provided under this Act if that service with the allied force is 
similar to military service as defined in this Act. The relief and 
protections provided to such citizen shall terminate on the date of 
discharge or release from such service.

``SEC. 105. NOTIFICATION OF BENEFITS.

    ``The Secretary concerned shall ensure that notice of the benefits 
accorded by this Act is provided in writing to persons in military 
service and to persons entering military service.

``SEC. 106. EXTENSION OF RIGHTS AND PROTECTIONS TO RESERVES ORDERED TO 
              REPORT FOR MILITARY SERVICE AND TO PERSONS ORDERED TO 
              REPORT FOR INDUCTION.

    ``(a) Reserves Ordered To Report for Military Service.--A member of 
a reserve component who is ordered to report for military service is 
entitled to the rights and protections of this title and titles II and 
III during the period beginning on the date of the member's receipt of 
the order and ending on the date on which the member reports for 

Pages: 1 2 3 4 5 6 Next >>

Other Popular 108th Congressional Bills Documents:

1 H.R. 3908 (ih) To provide for the conveyance of the real property located at 1081 West Main Street in Ravenna, Ohio. [Introduced in House] ...
2 S. 2724 (rfh) To amend section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) to clarify that the National Veterans Business Development Corporation is a private entity. [Referred in House] ...
3 H.R. 5199 (ih) To amend the Family and Medical Leave Act of 1993 and title 5, United [Introduced in House] ...
4 S. 943 (rs) To authorize the Secretary of the Interior to enter into 1 or more contracts with the city of Cheyenne, Wyoming, for the storage of water in the Kendrick Project, Wyoming. [Reported in Senate] ...
5 H.R. 2831 (ih) To authorize the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to the Truckee- Carson Irrigation District. [Introduced in House] ...
6 S. 639 (is) To designate certain Federal land in the State of Utah as wilderness, and for other purposes. [Introduced in Senate] ...
7 S. 12 (is) To amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, and for other purposes. [Introduced in Senate] ...
8 H.R. 431 (ih) To amend the Internal Revenue Code of 1986 to permanently extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation. [Introduced in House] ...
9 S. 2313 (is) To amend the Help America Vote Act of 2002 to require a voter-verified permanent record or hardcopy under title III of such Act, and for other purposes. [Introduced in Senate] ...
10 H.R. 4889 (ih) To expand certain preferential trade treatment for Haiti. [Introduced in House] ...
11 S. 146 (is) To amend titles 10 and 18, United States Code, to protect unborn victims of violence. [Introduced in Senate] ...
12 S. 1446 (is) To designate the United States Courthouse located at 125 Bull Street, Savannah, Georgia, and associated structures, as the Tomochichi Federal Judicial Center. [Introduced in Senate] ...
13 H.Res. 603 (ih) Commending the marchers, expressing the belief that each individual has [Introduced in House] ...
14 H.R. 1320 (rs) To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users. [Reported in Senate] ...
15 H.R. 2427 (rfs) To authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes. [Referred in Senate] ...
16 S. 1768 (enr) To extend the national flood insurance program. [Enrolled bill] ...
17 S. 890 (is) To amend the Individuals with Disabilities Education Act to provide [Introduced in Senate] ...
18 H.R. 954 (ih) To confirm Federal recognition of the Miami Nation of Indiana. [Introduced in House] ...
19 H.Res. 252 (ih) Expressing the sense of the House of Representatives supporting the United States in its efforts within the World Trade Organization (WTO) to end the European Union's protectionist and discriminatory trade practices of the past five years...
20 S. 461 (is) To establish a program to promote hydrogen fuel cells, and for other purposes. [Introduced in Senate] ...
21 H.R. 2516 (ih) To amend the Fair Labor Standards Act of 1938 to clarify that Christmas tree farming is agriculture under that Act. [Introduced in House] ...
22 H.Res. 535 (ih) Expressing the concern and support of the House of Representatives for local elected officials under threat of assassination, kidnapping, forcible displacement, and coercion by terrorist organizations in the Republic of Colombia. [Introduc...
23 H.Con.Res. 70 (ih) Expressing the sense of Congress that the anniversary of the birth of Malcolm X should be observed as a day of prayer, remembrance, and reflection on the life of Malcolm X. [Introduced in House] ...
24 H.Res. 854 (eh) [Engrossed in House] ...
25 S. 2717 (is) To amend the Safe Drinking Water Act to exempt nonprofit small public water systems from certain drinking water standards relating to naturally occurring contaminants. [Introduced in Senate] ...
26 S. 861 (is) To authorize the acquisition of interests in undeveloped coastal areas in order better to ensure their protection from development. [Introduced in Senate] ...
27 S. 1521 (es) To direct the Secretary of the Interior to convey certain land to the Edward H. McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the construction of a post building and memorial park for use by the American Legion, other veterans'...
28 S. 573 (is) To amend the Public Health Service Act to promote organ donation, and for other purposes. [Introduced in Senate] ...
29 S. 2724 (es) To amend section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) to clarify that the National Veterans Business Development Corporation is a private entity. [Engrossed in Senate] ...
30 S. 2883 (cps) To amend the International Child Abduction Remedies Act to limit the tort liability of private entities or organizations that carry out responsibilities of the United States Central Authority under that Act. [Considered and Passed Senate] %%...


Other Documents:

108th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy