Home > 108th Congressional Bills > H.R. 1010 (ih) To amend title 46, United States Code, to require inspection of cargo destined for the United States. [Introduced in House] ...

H.R. 1010 (ih) To amend title 46, United States Code, to require inspection of cargo destined for the United States. [Introduced in House] ...


Google
 
Web GovRecords.org







                                                  Union Calendar No. 45
108th CONGRESS
  1st Session
                                H. R. 100

                          [Report No. 108-81]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

  Mr. Smith of New Jersey (for himself and Mr. Evans) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

                             April 30, 2003

Additional sponsors: Mr. Reyes, Mr. Filner, Mr. Michaud, Mr. Gutierrez, 
   Mr. Brown of South Carolina, Mr. Bilirakis, Ms. Corrine Brown of 
   Florida, Mr. Rodriguez, Ms. Hooley of Oregon, Mr. Strickland, Ms. 
 Berkley, Mr. Holden, Mr. George Miller of California, Mr. Murphy, Mr. 
Renzi, Mr. Udall of New Mexico, Mr. Abercrombie, Mr. Ryan of Ohio, Mr. 
 Van Hollen, Mrs. Davis of California, Mr. Beauprez, Mr. Simmons, Mr. 
 Boozman, Mr. Miller of Florida, Mr. Frost, Mr. Platts, Mr. Hayes, Mr. 
 Snyder, Mr. Hefley, Ms. Carson of Indiana, Mr. Kildee, Mr. Gilchrest, 
 Mr. Brady of Pennsylvania, Mr. Cooper, Mr. Israel, Mr. Faleomavaega, 
Mr. Garrett of New Jersey, Mr. Jones of North Carolina, and Mr. Edwards

                             April 30, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                7, 2003]

_______________________________________________________________________

                                 A BILL


 
To restate, clarify, and revise the Soldiers' 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 defendant 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 leases by lessees.
``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. 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; and
                    ``(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.
            ``(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.

``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.

Pages: 1 2 3 4 5 6 Next >>

Other Popular 108th Congressional Bills Documents:

1 H.Res. 79 (ath) Electing Members, Delegates, and Resident Commissioners to certain standing committees of the House of Representatives. [Agreed to House] ...
2 H.R. 2698 (ih) To provide for a system of health insurance certificates to increase the number of Americans with health insurance coverage. [Introduced in House] ...
3 H.R. 3118 (rh) To designate the Orville Wright Federal Building and the Wilbur Wright Federal Building in Washington, District of Columbia. [Reported in House] ...
4 H.R. 3138 (ih) To amend the Internal Revenue Code of 1986 to allow a refundable credit for expenditures for renewable energy property. [Introduced in House] ...
5 H.Res. 427 (eh) [Engrossed in House] ...
6 H.Con.Res. 357 (rds) Permitting the use of the rotunda of the Capitol for a ceremony to award a Congressional Gold Medal to Dr. Dorothy Height. [Received in the Senate] ...
7 S.Res. 486 (es) [Engrossed in Senate] ...
8 S. 2740 (is) To improve dental services in underserved areas by amending the Public Health Service Act, and for other purposes. [Introduced in Senate] ...
9 H.Con.Res. 498 (ih) Urging the President to take immediate steps to establish a plan to [Introduced in House] ...
10 H.R. 4194 (ih) To reduce temporarily the royalty required to be paid for sodium produced on Federal lands, and for other purposes. [Introduced in House] ...
11 H.R. 218 (enr) To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. [Enrolled bill] ...
12 S. 2672 (is) To establish an Independent National Security Classification Board in the executive branch, and for other purposes. [Introduced in Senate] ...
13 H.R. 2122 (ih) To enhance research, development, procurement, and use of biomedical countermeasures to respond to public health threats affecting national security, and for other purposes. [Introduced in House] ...
14 H.R. 1308 (eah) [Engrossed Amendment House] ...
15 H.R. 2029 (ih) To amend the Internal Revenue Code of 1986 to provide that long-term vehicle storage by tax-exempt organizations which conduct county and similar fairs shall not be treated as an unrelated trade or business. [Introduced in House] %%Filename...
16 S. 877 (is) To regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet. [Introduced in Senate] ...
17 H.R. 39 (ih) To establish and implement a competitive oil and gas leasing program that will result in an environmentally sound and job creating program for the exploration, development, and production of the oil and gas resources of the Coastal Plain, and...
18 S. 1582 (rs) To amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, and for other purposes. [Reported in Senate] ...
19 S.Res. 66 (ats) Authorizing expenditures by committees of the Senate for the periods March 1, 2003, through September 30, 2003, October 1, 2003, through September 30, 2004, and October 1, 2004, through February 28, 2005. [Agreed to Senate] ...
20 H.R. 1090 (ih) To require that ten percent of the motor vehicles purchased by Executive agencies be hybrid electric vehicles or high-efficiency vehicles. [Introduced in House] ...
21 H.Res. 672 (eh) [Engrossed in House] ...
22 S. 1887 (is) To amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices. [Introduced in Senate] ...
23 S. 1146 (is) To implement the recommendations of the Garrison Unit Joint Tribal Advisory Committee by providing authorization for the construction of a rural health care facility on the Fort Berthold Indian Reservation, North Dakota. [Introduced in Senate...
24 S. 2526 (rs) To reauthorize the Children's Hospitals Graduate Medical Education Program. [Reported in Senate] ...
25 S. 2634 (cps) To amend the Public Health Service Act to support the planning, [Considered and Passed Senate] ...
26 S. 1146 (es) To implement the recommendations of the Garrison Unit Joint Tribal Advisory Committee by providing authorization for the construction of a rural health care facility on the Fort Berthold Indian Reservation, North Dakota. [Engrossed in Senate]...
27 S. 2318 (is) To expand upon the Department of Defense Energy Efficiency Program required by section 317 of the National Defense Authorization Act of 2002 by authorizing the Secretary of Defense to enter into energy savings performance contracts, and for o...
28 S. 1400 (is) To develop a system that provides for ocean and coastal observations, [Introduced in Senate] ...
29 H.R. 1596 (ih) To designate the facility of the United States Postal Service located at 2318 Woodson Road in St. Louis, Missouri, as the ``Timothy Michael Gaffney Post Office Building''. [Introduced in House] ...
30 S. 1535 (is) To amend title 23, United States Code, to establish programs to facilitate international and interstate trade. [Introduced in 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