Home > 106th Congressional Bills > H.R. 100 (ih) To establish designations for United States Postal Service buildings in Philadelphia, Pennsylvania. [Introduced in House] ...

H.R. 100 (ih) To establish designations for United States Postal Service buildings in Philadelphia, Pennsylvania. [Introduced in House] ...


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        H.R.100

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
To restate, clarify, and revise the Soliders' and Sailors' Civil Relief 
                              Act of 1940.

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

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 
military service (or, if the order is revoked before the member so 
reports, or the date on which the order is revoked).
    ``(b) Persons Ordered To Report for Induction.--A person who has 
been ordered to report for induction under the Military Selective 
Service Act (50 U.S.C. App. 451 et seq.) is entitled to the rights and 
protections provided a servicemember under this title and titles II and 
III during the period beginning on the date of receipt of the order for 
induction and ending on the date on which the person reports for 
induction (or, if the order to report for induction is revoked before 
the date on which the person reports for induction, on the date on 
which the order is revoked).

``SEC. 107. WAIVER OF RIGHTS PURSUANT TO WRITTEN AGREEMENT.

    ``(a) In General.--A servicemember may waive any of the rights and 
protections provided by this Act. In the case of a waiver that permits 

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