Home > 107th Congressional Bills > H.R. 1010 (ih) To provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene, and for other purposes. [Introduced in House] ...H.R. 1010 (ih) To provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene, and for other purposes. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 100
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
_______________________________________________________________________
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--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.--
``(A) With respect to a member of the Army, Navy,
Air Force, Marine Corps, or Coast Guard, the term
`military service' means active duty, as that term is
defined in section 101(d)(1) of title 10, United States
Code.
``(B) Active service of commissioned officers of
the Public Health Service or National Oceanic and
Atmospheric Administration shall be deemed to be
`military service' for the purposes of this Act.
``(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.
``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
an action described in subsection (b), the waiver is effective only if
made pursuant to a written agreement of the parties that is executed
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