Home > 108th Congressional Public Laws > Pub.L. 108-190 To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes. <> ...

Pub.L. 108-190 To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes. <> ...


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[[Page 117 STAT. 2835]]

Public Law 108-189
108th Congress

                                 An Act


 
To restate, clarify, and revise the Soliders' and Sailors' Civil Relief 
           Act of 1940. <<NOTE: Dec. 19, 2003 -  [H.R. 100]>> 

    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 <<NOTE: 50 USC app. 501.>> 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.

[[Page 117 STAT. 2836]]

                       ``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. <<NOTE: 50 USC app. 502.>> 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. <<NOTE: 50 USC app. 511.>> 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

[[Page 117 STAT. 2837]]

                          ``(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. <<NOTE: 50 USC app. 512.>> 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

[[Page 117 STAT. 2838]]

            ``(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. <<NOTE: 50 USC app. 513.>> 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.

[[Page 117 STAT. 2839]]

``SEC. 104. <<NOTE: 50 USC app. 514.>> 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. <<NOTE: Termination 
date.>> The relief and protections provided to such citizen shall 
terminate on the date of discharge or release from such service.

``SEC. 105. <<NOTE: 50 USC app. 515.>> 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. <<NOTE: 50 USC app. 516.>> 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 

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