[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 100 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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 
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 
during or after the servicemember's period of military service. The 
written agreement shall specify the legal instrument to which the 
waiver applies and, if the servicemember is not a party to that 
instrument, the servicemember concerned.
    ``(b) Actions Requiring Waivers in Writing.--The requirement in 
subsection (a) for a written waiver applies to the following:
            ``(1) The modification, termination, or cancellation of--
                    ``(A) a contract, lease, or bailment; or
                    ``(B) an obligation secured by a mortgage, trust, 
                deed, lien, or other security in the nature of a 
                mortgage.
            ``(2) The repossession, retention, foreclosure, sale, 
        forfeiture, or taking possession of property that--
                    ``(A) is security for any obligation; or
                    ``(B) was purchased or received under a contract, 
                lease, or bailment.
    ``(c) Coverage of Periods After Orders Received.--For the purposes 
of this section--
            ``(1) a person to whom section 106 applies shall be 
        considered to be a servicemember; and
            ``(2) the period with respect to such a person specified in 
        subsection (a) or (b), as the case may be, of section 106 shall 
        be considered to be a period of military service.

``SEC. 108. EXERCISE OF RIGHTS UNDER ACT NOT TO AFFECT CERTAIN FUTURE 
              FINANCIAL TRANSACTIONS.

    ``Application by a servicemember for, or receipt by a servicemember 
of, a stay, postponement, or suspension pursuant to this Act in the 
payment of a tax, fine, penalty, insurance premium, or other civil 
obligation or liability of that servicemember shall not itself (without 
regard to other considerations) provide the basis for any of the 
following:
            ``(1) A determination by a lender or other person that the 
        servicemember is unable to pay the civil obligation or 
        liability in accordance with its terms.
            ``(2) With respect to a credit transaction between a 
        creditor and the servicemember--
                    ``(A) a denial or revocation of credit by the 
                creditor;
                    ``(B) a change by the creditor in the terms of an 
                existing credit arrangement; or
                    ``(C) a refusal by the creditor to grant credit to 
                the servicemember in substantially the amount or on 
                substantially the terms requested.
            ``(3) An adverse report relating to the creditworthiness of 
        the servicemember by or to a person engaged in the practice of 
        assembling or evaluating consumer credit information.
            ``(4) A refusal by an insurer to insure the servicemember.
            ``(5) An annotation in a servicemember's record by a 
        creditor or a person engaged in the practice of assembling or 
        evaluating consumer credit information, identifying the 
        servicemember as a member of the National Guard or a reserve 
        component.
            ``(6) A change in the terms offered or conditions required 
        for the issuance of insurance.

``SEC. 109. LEGAL REPRESENTATIVES.

    ``(a) Representative.--A legal representative of a servicemember 
for purposes of this Act is either of the following:
            ``(1) An attorney acting on the behalf of a servicemember.
            ``(2) An individual possessing a power of attorney.
    ``(b) Application.--Whenever the term `servicemember' is used in 
this Act, such term shall be treated as including a reference to a 
legal representative of the servicemember.

                       ``TITLE II--GENERAL RELIEF

``SEC. 201. PROTECTION OF SERVICEMEMBERS AGAINST DEFAULT JUDGMENTS.

    ``(a) Applicability of Section.--This section applies to any civil 
action or proceeding in which the defendant does not make an 
appearance.
    ``(b) Affidavit Requirement.--
            ``(1) Plaintiff to file affidavit.--In any action or 
        proceeding covered by this section, the court, before entering 
        judgment for the plaintiff, shall require the plaintiff to file 
        with the court an affidavit--
                    ``(A) stating whether or not the defendant is in 
                military service and showing necessary facts to support 
                the affidavit; or
                    ``(B) if the plaintiff is unable to determine 
                whether or not the defendant is in military service, 
                stating that the plaintiff is unable to determine 
                whether or not the defendant is in military service.
            ``(2) Appointment of attorney to represent defendant in 
        military service.--If in an action covered by this section it 
        appears that the defendant is in military service, the court 
        may not enter a judgment until after the court appoints an 
        attorney to represent the defendant. If an attorney appointed 
        under this section to represent a servicemember cannot locate 
        the servicemember, actions by the attorney in the case shall 
        not waive any defense of the servicemember or otherwise bind 
        the servicemember.
            ``(3) Defendant's military status not ascertained by 
        affidavit.--If based upon the affidavits filed in such an 
        action, the court is unable to determine whether the defendant 
        is in military service, the court, before entering judgment, 
        may require the plaintiff to file a bond in an amount approved 
        by the court. If the defendant is later found to be in military 
        service, the bond shall be available to indemnify the defendant 
        against any loss or damage the defendant may suffer by reason 
        of any judgment for the plaintiff against the defendant, should 
        the judgment be set aside in whole or in part. The bond shall 
        remain in effect until expiration of the time for appeal and 
        setting aside of a judgment under applicable Federal or State 
        law or regulation or under any applicable ordinance of a 
        political subdivision of a State. The court may issue such 
        orders or enter such judgments as the court determines 
        necessary to protect the rights of the defendant under this 
        Act.
            ``(4) Satisfaction of requirement for affidavit.--The 
        requirement for an affidavit under paragraph (1) may be 
        satisfied by a statement, declaration, verification, or 
        certificate, in writing, subscribed and certified or declared 
        to be true under penalty of perjury.
    ``(c) Penalty for Making or Using False Affidavit.--A person who 
makes or uses an affidavit permitted under subsection (b) (or a 
statement, declaration, verification, or certificate as authorized 
under subsection (b)(4)) knowing it to be false, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.
    ``(d) Stay of Proceedings.--In an action covered by this section in 
which the defendant is in military service, the court shall grant a 
stay of proceedings for a minimum period of 90 days under this 
subsection upon application of counsel, or on the court's own motion, 
if the court determines that--
            ``(1) there may be a defense to the action and a defense 
        cannot be presented without the presence of the defendant; or
            ``(2) after due diligence, counsel has been unable to 
        contact the defendant or otherwise determine if a meritorious 
        defense exists.
    ``(e) Inapplicability of Section 202 Procedures.--A stay of 
proceedings under subsection (d) shall not be controlled by procedures 
or requirements under section 202.
    ``(f) Section 202 Protection.--If a servicemember who is a 
defendant in an action covered by this section receives actual notice 
of the action, the servicemember may request a stay of proceeding under 
section 202.
    ``(g) Vacation or Setting Aside of Default Judgments.--
            ``(1) Authority for court to vacate or set aside 
        judgment.--If a default judgment is entered in an action 
        covered by this section against a servicemember during the 
        servicemember's period of military service (or within 60 days 
        after termination of or release from such military service), 
        the court entering the judgment shall, upon application by or 
        on behalf of the servicemember, reopen the judgment for the 
        purpose of allowing the servicemember to defend the action if 
        it appears that--
                    ``(A) the servicemember was materially affected by 
                reason of that military service in making a defense to 
                the action; and
                    ``(B) the servicemember has a meritorious or legal 
                defense to the action or some part of it.
            ``(2) Time for filing application.--An application under 
        this subsection must be filed not later than 90 days after the 
        date of the termination of or release from military service.
    ``(h) Protection of Bona Fide Purchaser.--If a court vacates, sets 
aside, or reverses a default judgment against a servicemember and the 
vacating, setting aside, or reversing is because of a provision of this 
Act, that action shall not impair a right or title acquired by a bona 
fide purchaser for value under the default judgment.

``SEC. 202. STAY OF PROCEEDINGS WHEN SERVICEMEMBER HAS NOTICE.

    ``(a) Applicability of Section.--This section applies to any civil 
action or proceeding in which the defendant at the time of filing an 
application under this section--
            ``(1) is in military service or is within 90 days after 
        termination of or release from military service; and
            ``(2) has received notice of the action or proceeding.
    ``(b) Stay of Proceedings.--
            ``(1) Authority for stay.--At any stage before final 
        judgment in a civil action or proceeding in which a 
        servicemember described in subsection (a) is a party, the court 
        may on its own motion and shall, upon application by the 
        servicemember, stay the action for a period of not less than 90 
        days, if the conditions in paragraph (2) are met.
            ``(2) Conditions for stay.--An application for a stay under 
        paragraph (1) shall include the following:
                    ``(A) A letter or other communication setting forth 
                facts stating the manner in which current military duty 
                requirements materially affect the servicemember's 
                ability to appear and stating a date when the 
                servicemember will be available to appear.
                    ``(B) A letter or other communication from the 
                servicemember's commanding officer stating that the 
                servicemember's current military duty prevents 
                appearance and that military leave is not authorized 
                for the servicemember at the time of the letter.
    ``(c) Application Not a Waiver of Defenses.--An application for a 
stay under this section does not constitute an appearance for 
jurisdictional purposes and does not constitute a waiver of any 
substantive or procedural defense (including a defense relating to lack 
of personal jurisdiction).
    ``(d) Additional Stay.--
            ``(1) Application.--A servicemember who is granted a stay 
        of a civil action or proceeding under subsection (b) may apply 
        for an additional stay based on continuing material affect of 
        military duty on the servicemember's ability to appear. Such an 
        application may be made by the servicemember at the time of the 
        initial application under subsection (b) or when it appears 
        that the servicemember is unavailable to prosecute or defend 
        the action. The same information required under subsection 
        (b)(2) shall be included in an application under this 
        subsection.
            ``(2) Appointment of counsel when additional stay 
        refused.--If the court refuses to grant an additional stay of 
        proceedings under paragraph (1), the court shall appoint 
        counsel to represent the servicemember in the action or 
        proceeding.
    ``(e) Coordination With Section 201.--A servicemember who applies 
for a stay under this section and is unsuccessful may not seek the 
protections afforded by section 201.
    ``(f) Inapplicability to Section 301.--The protections of this 
section do not apply to section 301.

``SEC. 203. FINES AND PENALTIES UNDER CONTRACTS.

    ``(a) Prohibition of Penalties.--When an action for compliance with 
the terms of a contract is stayed pursuant to this Act, a penalty shall 
not accrue for failure to comply with the terms of the contract during 
the period of the stay.
    ``(b) Reduction or Waiver of Fines or Penalties.--If a 
servicemember fails to perform an obligation arising under a contract 
and a penalty is incurred arising from that nonperformance, a court may 
reduce or waive the fine or penalty if--
            ``(1) the servicemember was in military service at the time 
        the fine or penalty was incurred; and
            ``(2) the ability of the servicemember to perform the 
        obligation was materially affected by such military service.

``SEC. 204. STAY OR VACATION OF EXECUTION OF JUDGMENTS, ATTACHMENTS, 
              AND GARNISHMENTS.

    ``(a) Court Action Upon Material Affect Determination.--If a 
servicemember, in the opinion of the court, is materially affected by 
reason of military service in complying with a court judgment or order, 
the court may on its own motion and shall on application by the 
servicemember--
            ``(1) stay the execution of any judgment or order entered 
        against the servicemember; and
            ``(2) vacate or stay an attachment or garnishment of 
        property, money, or debts in the possession of the 
        servicemember or a third party, whether before or after 
        judgment.
    ``(b) Applicability.--This section applies to an action or 
proceeding commenced in a court against a servicemember before or 
during the period of the servicemember's military service or within 90 
days after such service terminates.

``SEC. 205. DURATION AND TERM OF STAYS; CODEFENDANTS NOT IN SERVICE.

    ``(a) Period of Stay.--A stay of an action, proceeding, attachment, 
or execution made pursuant to the provisions of this Act by a court may 
be ordered for the period of military service and 90 days thereafter, 
or for any part of that period. The court may set the terms and amounts 
for such installment payments as is considered reasonable by the court.
    ``(b) Codefendants.--If the servicemember is a codefendant with 
others who are not in military service and who are not entitled to the 
relief and protections provided under this Act, the plaintiff may 
proceed against those other defendants with the approval of the court.
    ``(c) Inapplicability of Section.--This section does not apply to 
sections 202 and 701.

``SEC. 206. STATUTE OF LIMITATIONS.

    ``(a) Tolling of Statutes of Limitation During Military Service.--
The period of a servicemember's military service may not be included in 
computing any period limited by law, regulation, or order for the 
bringing of any action or proceeding in a court, or in any board, 
bureau, commission, department, or other agency of a State (or 
political subdivision of a State) or the United States by or against 
the servicemember or the servicemember's heirs, executors, 
administrators, or assigns.
    ``(b) Redemption of Real Property.--A period of military service 
may not be included in computing any period provided by law for the 
redemption of real property sold or forfeited to enforce an obligation, 
tax, or assessment.
    ``(c) Inapplicability to Internal Revenue Laws.--This section does 
not apply to any period of limitation prescribed by or under the 
internal revenue laws of the United States.

``SEC. 207. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY 
              SERVICE.

    ``(a) Interest Rate Limitation.--
            ``(1) Limitation to 6 percent.--An obligation or liability 
        bearing interest at a rate in excess of 6 percent per year that 
        is incurred by a servicemember, or the servicemember and the 
        servicemember's spouse jointly, before the servicemember enters 
        military service shall not bear interest at a rate in excess of 
        6 percent per year during the period of military service.
            ``(2) Forgiveness of interest in excess of 6 percent.--
        Interest at a rate in excess of 6 percent per year that would 
        otherwise be incurred but for the prohibition in paragraph (1) 
        is forgiven.
            ``(3) Prevention of acceleration of principal.--The amount 
        of any periodic payment due from a servicemember under the 
        terms of the instrument that created an obligation or liability 
        covered by this section shall be reduced by the amount of the 
        interest forgiven under paragraph (2) that is allocable to the 
        period for which such payment is made.
    ``(b) Implementation of Limitation.--
            ``(1) Written notice to creditor.--In order for an 
        obligation or liability of a servicemember to be subject to the 
        interest rate limitation in subsection (a), the servicemember 
        shall provide to the creditor written notice and a copy of the 
        military orders calling the servicemember to military service 
        and any orders further extending military service, not later 
        than 180 days after the date of the servicemember's termination 
        or release from military service.
            ``(2) Limitation effective as of date of order to active 
        duty.--Upon receipt of written notice and a copy of orders 
        calling a servicemember to military service, the creditor shall 
        treat the debt in accordance with subsection (a), effective as 
        of the date on which the servicemember is called to military 
        service.
    ``(c) Creditor Protection.--A court may grant a creditor relief 
from the limitations of this section if, in the opinion of the court, 
the ability of the servicemember to pay interest upon the obligation or 
liability at a rate in excess of 6 percent per year is not materially 
affected by reason of the servicemember's military service.
    ``(d) Interest.--As used in this section, the term `interest' 
includes service charges, renewal charges, fees, or any other charges 
(except bona fide insurance) with respect to an obligation or 
liability.

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

``SEC. 301. EVICTIONS AND DISTRESS.

    ``(a) Court-Ordered Eviction.--
            ``(1) In general.--Except by court order, a landlord (or 
        another person with paramount title) may not--
                    ``(A) evict a servicemember, or the dependents of a 
                servicemember, during a period of military service of 
                the servicemember, from premises--
                            ``(i) that are occupied or intended to be 
                        occupied primarily as a residence; and
                            ``(ii) for which the monthly rent does not 
                        exceed $2,400, as adjusted under paragraph (2) 
                        for years after 2003; or
                    ``(B) subject such premises to a distress during 
                the period of military service.
            ``(2) Housing price inflation adjustment.--(A) For calendar 
        years beginning with 2004, the amount in effect under paragraph 
        (1)(A)(ii) shall be increased by the housing price inflation 
        adjustment for the calendar year involved.
            ``(B) For purposes of this paragraph--
                    ``(i) The housing price inflation adjustment for 
                any calendar year is the percentage change (if any) by 
                which--
                            ``(I) the CPI housing component for 
                        November of the preceding calendar year, 
                        exceeds
                            ``(II) the CPI housing component for 
                        November of 1984.
                    ``(ii) The term `CPI housing component' means the 
                index published by the Bureau of Labor Statistics of 
                the Department of Labor known as the Consumer Price 
                Index, All Urban Consumers, Rent of Primary Residence, 
                U.S. City Average.
            ``(3) Publication of housing price inflation adjustment.--
        The Secretary of Defense shall cause to be published in the 
        Federal Register each year the amount in effect under paragraph 
        (1)(A)(ii) for that year following the housing price inflation 
        adjustment for that year pursuant to paragraph (2). Such 
        publication shall be made for a year not later than 60 days 
        after such adjustment is made for that year.
    ``(b) Stay of Execution.--
            ``(1) Court authority.--Upon an application for eviction or 
        distress with respect to premises covered by this section, the 
        court may on its own motion and shall, if a request is made by 
        or on behalf of a servicemember whose ability to pay the agreed 
        rent is materially affected by military service--
                    ``(A) stay the proceedings for a period of 90 days, 
                unless in the opinion of the court, justice and equity 
                require a longer or shorter period of time; or
                    ``(B) adjust the obligation under the lease to 
                preserve the interests of all parties.
            ``(2) Relief to landlord.--If a stay is granted under 
        paragraph (1), the court may grant to the landlord (or other 
        person with paramount title) such relief as equity may require.
    ``(c) Penalties.--
            ``(1) Misdemeanor.--Except as provided in subsection (a), a 
        person who knowingly takes part in an eviction or distress 
        described in subsection (a), or who knowingly attempts to do 
        so, shall be fined as provided in title 18, United States Code, 
        or imprisoned for not more than one year, or both.
            ``(2) Preservation of other remedies and rights.--The 
        remedies and rights provided under this section are in addition 
        to and do not preclude any remedy for wrongful conversion (or 
        wrongful eviction) otherwise available under the law to the 
        person claiming relief under this section, including any award 
        for consequential and punitive damages.
    ``(d) Rent Allotment From Pay of Servicemember.--To the extent 
required by a court order related to property which is the subject of a 
court action under this section, the Secretary concerned shall make an 
allotment from the pay of a servicemember to satisfy the terms of such 
order, except that any such allotment shall be subject to regulations 
prescribed by the Secretary concerned establishing the maximum amount 
of pay of servicemembers that may be allotted under this subsection.
    ``(e) Limitation of Applicability.--Section 202 is not applicable 
to this section.

``SEC. 302. PROTECTION UNDER INSTALLMENT CONTRACTS FOR PURCHASE OR 
              LEASE.

    ``(a) Protection Upon Breach of Contract.--
            ``(1) Protection after entering military service.--After a 
        servicemember enters military service, a contract by the 
        servicemember for--
                    ``(A) the purchase of real or personal property 
                (including a motor vehicle); or
                    ``(B) the lease or bailment of such property,
        may not be rescinded or terminated for a breach of terms of the 
        contract occurring before or during that person's military 
        service, nor may the property be repossessed for such breach 
        without a court order.
            ``(2) Applicability.--This section applies only to a 
        contract for which a deposit or installment has been paid by 
        the servicemember before the servicemember enters military 
        service.
    ``(b) Penalties.--
            ``(1) Misdemeanor.--A person who knowingly resumes 
        possession of property in violation of subsection (a), or in 
        violation of section 107 of this Act, or who knowingly attempts 
        to do so, shall be fined as provided in title 18, United States 
        Code, or imprisoned for not more than one year, or both.
            ``(2) Preservation of other remedies and rights.--The 
        remedies and rights provided under this section are in addition 
        to and do not preclude any remedy for wrongful conversion 
        otherwise available under law to the person claiming relief 
        under this section, including any award for consequential and 
        punitive damages.
    ``(c) Authority of Court.--In a hearing based on this section, the 
court--
            ``(1) may order repayment to the servicemember of all or 
        part of the prior installments or deposits as a condition of 
        terminating the contract and resuming possession of the 
        property;
            ``(2) may, on its own motion, and shall on application by a 
        servicemember when the servicemember's ability to comply with 
        the contract is materially affected by military service, stay 
        the proceedings for a period of time as, in the opinion of the 
        court, justice and equity require; or
            ``(3) may make other disposition as is equitable to 
        preserve the interests of all parties.

``SEC. 303. MORTGAGES AND TRUST DEEDS.

    ``(a) Mortgage as Security.--This section applies only to an 
obligation on real or personal property owned by a servicemember that--
            ``(1) originated before the period of the servicemember's 
        military service and for which the servicemember is still 
        obligated; and
            ``(2) is secured by a mortgage, trust deed, or other 
        security in the nature of a mortgage.
    ``(b) Stay of Proceedings and Adjustment of Obligation.--In an 
action filed during, or within 90 days after, a servicemember's period 
of military service to enforce an obligation described in subsection 
(a), the court may after a hearing and on its own motion and shall upon 
application by a servicemember when the servicemember's ability to 
comply with the obligation is materially affected by military service--
            ``(1) stay the proceedings for a period of time as justice 
        and equity require, or
            ``(2) adjust the obligation to preserve the interests of 
        all parties.
    ``(c) Sale or Foreclosure.--A sale, foreclosure, or seizure of 
property for a breach of an obligation described in subsection (a) 
shall not be valid if made during, or within 90 days after, the period 
of the servicemember's military service except--
            ``(1) upon a court order granted before such sale, 
        foreclosure, or seizure with a return made and approved by the 
        court; or
            ``(2) if made pursuant to an agreement as provided in 
        section 107.
    ``(d) Penalties.--
            ``(1) Misdemeanor.--A person who knowingly makes or causes 
        to be made a sale, foreclosure, or seizure of property that is 
        prohibited by subsection (c), or who knowingly attempts to do 
        so, shall be fined as provided in title 18, United States Code, 
        or imprisoned for not more than one year, or both.
            ``(2) Preservation of other remedies.--The remedies and 
        rights provided under this section are in addition to and do 
        not preclude any remedy for wrongful conversion otherwise 
        available under law to the person claiming relief under this 
        section, including consequential and punitive damages.

``SEC. 304. SETTLEMENT OF STAYED CASES RELATING TO PERSONAL PROPERTY.

    ``(a) Appraisal of Property.--When a stay is granted pursuant to 
this Act in a proceeding to foreclose a mortgage on or to repossess 
personal property, or to rescind or terminate a contract for the 
purchase of personal property, the court may appoint three 
disinterested parties to appraise the property.
    ``(b) Equity Payment.--Based on the appraisal, and if undue 
hardship to the servicemember's dependents will not result, the court 
may order that the amount of the servicemember's equity in the property 
be paid to the servicemember, or the servicemember's dependents, as a 
condition of foreclosing the mortgage, repossessing the property, or 
rescinding or terminating the contract.

``SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES.

    ``(a) Termination by Lessee.--The lessee on a lease described in 
subsection (b) may, at the lessee's option, terminate the lease at any 
time after--
            ``(1) the lessee's entry into military service; or
            ``(2) the date of the lessee's military orders described in 
        paragraph (1)(B) or (2)(B) of subsection (b), as the case may 
        be.
    ``(b) Covered Leases.--This section applies to the following 
leases:
            ``(1) Leases of premises.--A lease of premises occupied, or 
        intended to be occupied, by a servicemember or a 
        servicemember's dependents for a residential, professional, 
        business, agricultural, or similar purpose if--
                    ``(A) the lease is executed by or on behalf of a 
                person who thereafter and during the term of the lease 
                enters military service; or
                    ``(B) the servicemember, while in military service, 
                executes the lease and thereafter receives military 
                orders for a permanent change of station or to deploy 
                with a military unit for a period of not less than 90 
                days.
            ``(2) Leases of motor vehicles.--A lease of a motor vehicle 
        used, or intended to be used, by a servicemember or a 
        servicemember's dependents for personal or business 
        transportation if--
                    ``(A) the lease is executed by or on behalf of a 
                person who thereafter and during the term of the lease 
                enters military service under a call or order 
                specifying a period of not less than 180 days (or who 
                enters military service under a call or order 
                specifying a period of 180 days or less and who, 
                without a break in service, receives orders extending 
                the period of military service to a period of not less 
                than 180 days); or
                    ``(B) the servicemember, while in military service, 
                executes the lease and thereafter receives military 
                orders for a permanent change of station outside of the 
                continental United States or to deploy with a military 
                unit for a period of not less than 180 days.
    ``(c) Manner of Termination.--
            ``(1) In general.--Termination of a lease under subsection 
        (a) is made--
                    ``(A) by delivery by the lessee of written notice 
                of such termination, and a copy of the servicemember's 
                military orders, to the lessor (or the lessor's 
                grantee), or to the lessor's agent (or the agent's 
                grantee); and
                    ``(B) in the case of a lease of a motor vehicle, by 
                return of the motor vehicle by the lessee to the lessor 
                (or the lessor's grantee), or to the lessor's agent (or 
                the agent's grantee), not later than 15 days after the 
                date of the delivery of written notice under 
                subparagraph (A).
            ``(2) Delivery of notice.--Delivery of notice under 
        paragraph (1)(A) may be accomplished--
                    ``(A) by hand delivery;
                    ``(B) by private business carrier; or
                    ``(C) by placing the written notice in an envelope 
                with sufficient postage and with return receipt 
                requested, and addressed as designated by the lessor 
                (or the lessor's grantee) or to the lessor's agent (or 
                the agent's grantee), and depositing the written notice 
                in the United States mails.
    ``(d) Effective Date of Lease Termination.--
            ``(1) Lease of premises.--In the case of a lease described 
        in subsection (b)(1) that provides for monthly payment of rent, 
        termination of the lease under subsection (a) is effective 30 
        days after the first date on which the next rental payment is 
        due and payable after the date on which the notice under 
        subsection (c) is delivered. In the case of any other lease 
        described in subsection (b)(1), termination of the lease under 
        subsection (a) is effective on the last day of the month 
        following the month in which the notice is delivered.
            ``(2) Lease of motor vehicles.--In the case of a lease 
        described in subsection (b)(2), termination of the lease under 
        subsection (a) is effective on the day on which the 
        requirements of subsection (c) are met for such termination.
    ``(e) Arrearages and Other Obligations and Liabilities.--Rents or 
lease amounts unpaid for the period preceding the effective date of the 
lease termination shall be paid on a prorated basis. In the case of the 
lease of a motor vehicle, the lessor may not impose an early 
termination charge, but any taxes, summonses, and title and 
registration fees and any other obligation and liability of the lessee 
in accordance with the terms of the lease, including reasonable charges 
to the lessee for excess wear, use and mileage, that are due and unpaid 
at the time of termination of the lease shall be paid by the lessee.
    ``(f) Rent Paid in Advance.--Rents or lease amounts paid in advance 
for a period after the effective date of the termination of the lease 
shall be refunded to the lessee by the lessor (or the lessor's assignee 
or the assignee's agent) within 30 days of the effective date of the 
termination of the lease.
    ``(g) Relief to Lessor.--Upon application by the lessor to a court 
before the termination date provided in the written notice, relief 
granted by this section to a servicemember may be modified as justice 
and equity require.
    ``(h) Penalties.--
            ``(1) Misdemeanor.--Any person who knowingly seizes, holds, 
        or detains the personal effects, security deposit, or other 
        property of a servicemember or a servicemember's dependent who 
        lawfully terminates a lease covered by this section, or who 
        knowingly interferes with the removal of such property from 
        premises covered by such lease, for the purpose of subjecting 
        or attempting to subject any of such property to a claim for 
        rent accruing subsequent to the date of termination of such 
        lease, or attempts to do so, shall be fined as provided in 
        title 18, United States Code, or imprisoned for not more than 
        one year, or both.
            ``(2) Preservation of other remedies.--The remedy and 
        rights provided under this section are in addition to and do 
        not preclude any remedy for wrongful conversion otherwise 
        available under law to the person claiming relief under this 
        section, including any award for consequential or punitive 
        damages.

``SEC. 306. PROTECTION OF LIFE INSURANCE POLICY.

    ``(a) Assignment of Policy Protected.--If a life insurance policy 
on the life of a servicemember is assigned before military service to 
secure the payment of an obligation, the assignee of the policy (except 
the insurer in connection with a policy loan) may not exercise, during 
a period of military service of the servicemember or within one year 
thereafter, any right or option obtained under the assignment without a 
court order.
    ``(b) Exception.--The prohibition in subsection (a) shall not 
apply--
            ``(1) if the assignee has the written consent of the 
        insured made during the period described in subsection (a);
            ``(2) when the premiums on the policy are due and unpaid; 
        or
            ``(3) upon the death of the insured.
    ``(c) Order Refused Because of Material Affect.--A court which 
receives an application for an order required under subsection (a) may 
refuse to grant such order if the court determines the ability of the 
servicemember to comply with the terms of the obligation is materially 
affected by military service.
    ``(d) Treatment of Guaranteed Premiums.--For purposes of this 
subsection, premiums guaranteed under the provisions of title IV of 
this Act shall not be considered due and unpaid.
    ``(e) Penalties.--
            ``(1) Misdemeanor.--A person who knowingly takes an action 
        contrary to this section, or attempts to do so, shall be fined 
        as provided in title 18, United States Code, or imprisoned for 
        not more than one year, or both.
            ``(2) Preservation of other remedies.--The remedy and 
        rights provided under this section are in addition to and do 
        not preclude any remedy for wrongful conversion otherwise 
        available under law to the person claiming relief under this 
        section, including any consequential or punitive damages.

``SEC. 307. ENFORCEMENT OF STORAGE LIENS.

    ``(a) Liens.--
            ``(1) Limitation on foreclosure or enforcement.--A person 
        holding a lien on the property or effects of a servicemember 
        may not, during any period of military service of the 
        servicemember and for 90 days thereafter, foreclose or enforce 
        any lien on such property or effects without a court order 
        granted before foreclosure or enforcement.
            ``(2) Lien defined.--For the purposes of paragraph (1), the 
        term `lien' includes a lien for storage, repair, or cleaning of 
        the property or effects of a servicemember or a lien on such 
        property or effects for any other reason.
    ``(b) Stay of Proceedings.--In a proceeding to foreclose or enforce 
a lien subject to this section, the court may on its own motion, and 
shall if requested by a servicemember whose ability to comply with the 
obligation resulting in the proceeding is materially affected by 
military service--
            ``(1) stay the proceeding for a period of time as justice 
        and equity require; or
            ``(2) adjust the obligation to preserve the interests of 
        all parties.
The provisions of this subsection do not affect the scope of section 
303.
    ``(c) Penalties.--
            ``(1) Misdemeanor.--A person who knowingly takes an action 
        contrary to this section, or attempts to do so, shall be fined 
        as provided in title 18, United States Code, or imprisoned for 
        not more than one year, or both.
            ``(2) Preservation of other remedies.--The remedy and 
        rights provided under this section are in addition to and do 
        not preclude any remedy for wrongful conversion otherwise 
        available under law to the person claiming relief under this 
        section, including any consequential or punitive damages.

``SEC. 308. EXTENSION OF PROTECTIONS TO DEPENDENTS.

    ``Upon application to a court, a dependent of a servicemember is 
entitled to the protections of this title if the dependent's ability to 
comply with a lease, contract, bailment, or other obligation is 
materially affected by reason of the servicemember's military service.

                       ``TITLE IV--LIFE INSURANCE

``SEC. 401. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) Policy.--The term `policy' means any individual 
        contract for whole, endowment, universal, or term life 
        insurance (other than group term life insurance coverage), 
        including any benefit in the nature of such insurance arising 
        out of membership in any fraternal or beneficial association 
        which--
                    ``(A) provides that the insurer may not--
                            ``(i) decrease the amount of coverage or 
                        require the payment of an additional amount as 
                        premiums if the insured engages in military 
                        service (except increases in premiums in 
                        individual term insurance based upon age); or
                            ``(ii) limit or restrict coverage for any 
                        activity required by military service; and
                    ``(B) is in force not less than 180 days before the 
                date of the insured's entry into military service and 
                at the time of application under this title.
            ``(2) Premium.--The term `premium' means the amount 
        specified in an insurance policy to be paid to keep the policy 
        in force.
            ``(3) Insured.--The term `insured' means a servicemember 
        whose life is insured under a policy.
            ``(4) Insurer.--The term `insurer' includes any firm, 
        corporation, partnership, association, or business that is 
        chartered or authorized to provide insurance and issue 
        contracts or policies by the laws of a State or the United 
        States.

``SEC. 402. INSURANCE RIGHTS AND PROTECTIONS.

    ``(a) Rights and Protections.--The rights and protections under 
this title apply to the insured when--
            ``(1) the insured,
            ``(2) the insured's legal representative, or
            ``(3) the insured's beneficiary in the case of an insured 
        who is outside a State,
applies in writing for protection under this title, unless the 
Secretary of Veterans Affairs determines that the insured's policy is 
not entitled to protection under this title.
    ``(b) Notification and Application.--The Secretary of Veterans 
Affairs shall notify the Secretary concerned of the procedures to be 
used to apply for the protections provided under this title. The 
applicant shall send the original application to the insurer and a copy 
to the Secretary of Veterans Affairs.
    ``(c) Limitation on Amount.--The total amount of life insurance 
coverage protection provided by this title for a servicemember may not 
exceed $250,000, or an amount equal to the Servicemember's Group Life 
Insurance maximum limit, whichever is greater, regardless of the number 
of policies submitted.

``SEC. 403. APPLICATION FOR INSURANCE PROTECTION.

    ``(a) Application Procedure.--An application for protection under 
this title shall--
            ``(1) be in writing and signed by the insured, the 
        insured's legal representative, or the insured's beneficiary, 
        as the case may be;
            ``(2) identify the policy and the insurer; and
            ``(3) include an acknowledgement that the insured's rights 
        under the policy are subject to and modified by the provisions 
        of this title.
    ``(b) Additional Requirements.--The Secretary of Veterans Affairs 
may require additional information from the applicant, the insured and 
the insurer to determine if the policy is entitled to protection under 
this title.
    ``(c) Notice to the Secretary by the Insurer.--Upon receipt of the 
application of the insured, the insurer shall furnish a report 
concerning the policy to the Secretary of Veterans Affairs as required 
by regulations prescribed by the Secretary.
    ``(d) Policy Modification.--Upon application for protection under 
this title, the insured and the insurer shall have constructively 
agreed to any policy modification necessary to give this title full 
force and effect.

``SEC. 404. POLICIES ENTITLED TO PROTECTION AND LAPSE OF POLICIES.

    ``(a) Determination.--The Secretary of Veterans Affairs shall 
determine whether a policy is entitled to protection under this title 
and shall notify the insured and the insurer of that determination.
    ``(b) Lapse Protection.--A policy that the Secretary determines is 
entitled to protection under this title shall not lapse or otherwise 
terminate or be forfeited for the nonpayment of a premium, or interest 
or indebtedness on a premium, after the date on which the application 
for protection is received by the Secretary.
    ``(c) Time Application.--The protection provided by this title 
applies during the insured's period of military service and for a 
period of two years thereafter.

``SEC. 405. POLICY RESTRICTIONS.

    ``(a) Dividends.--While a policy is protected under this title, a 
dividend or other monetary benefit under a policy may not be paid to an 
insured or used to purchase dividend additions without the approval of 
the Secretary of Veterans Affairs. If such approval is not obtained, 
the dividends or benefits shall be added to the value of the policy to 
be used as a credit when final settlement is made with the insurer.
    ``(b) Specific Restrictions.--While a policy is protected under 
this title, cash value, loan value, withdrawal of dividend 
accumulation, unearned premiums, or other value of similar character 
may not be available to the insured without the approval of the 
Secretary. The right of the insured to change a beneficiary designation 
or select an optional settlement for a beneficiary shall not be 
affected by the provisions of this title.

``SEC. 406. DEDUCTION OF UNPAID PREMIUMS.

    ``(a) Settlement of Proceeds.--If a policy matures as a result of a 
servicemember's death or otherwise during the period of protection of 
the policy under this title, the insurer in making settlement shall 
deduct from the insurance proceeds the amount of the unpaid premiums 
guaranteed under this title, together with interest due at the rate 
fixed in the policy for policy loans.
    ``(b) Interest Rate.--If the interest rate is not specifically 
fixed in the policy, the rate shall be the same as for policy loans in 
other policies issued by the insurer at the time the insured's policy 
was issued.
    ``(c) Reporting Requirement.--The amount deducted under this 
section, if any, shall be reported by the insurer to the Secretary of 
Veterans Affairs.

``SEC. 407. PREMIUMS AND INTEREST GUARANTEED BY UNITED STATES.

    ``(a) Guarantee of Premiums and Interest by the United States.--
            ``(1) Guarantee.--Payment of premiums, and interest on 
        premiums at the rate specified in section 406, which become due 
        on a policy under the protection of this title is guaranteed by 
        the United States. If the amount guaranteed is not paid to the 
        insurer before the period of insurance protection under this 
        title expires, the amount due shall be treated by the insurer 
        as a policy loan on the policy.
            ``(2) Policy termination.--If, at the expiration of 
        insurance protection under this title, the cash surrender value 
        of a policy is less than the amount due to pay premiums and 
        interest on premiums on the policy, the policy shall terminate. 
        Upon such termination, the United States shall pay the insurer 
        the difference between the amount due and the cash surrender 
        value.
    ``(b) Recovery From Insured of Amounts Paid by the United States.--
            ``(1) Debt payable to the united states.--The amount paid 
        by the United States to an insurer under this title shall be a 
        debt payable to the United States by the insured on whose 
        policy payment was made.
            ``(2) Collection.--Such amount may be collected by the 
        United States, either as an offset from any amount due the 
        insured by the United States or as otherwise authorized by law.
            ``(3) Debt not dischargeable in bankruptcy.--Such debt 
        payable to the United States is not dischargeable in bankruptcy 
        proceedings.
    ``(c) Crediting of Amounts Recovered.--Any amounts received by the 
United States as repayment of debts incurred by an insured under this 
title shall be credited to the appropriation for the payment of claims 
under this title.

``SEC. 408. REGULATIONS.

    ``The Secretary of Veterans Affairs shall prescribe regulations for 
the implementation of this title.

``SEC. 409. REVIEW OF FINDINGS OF FACT AND CONCLUSIONS OF LAW.

    ``The findings of fact and conclusions of law made by the Secretary 
of Veterans Affairs in administering this title are subject to review 
on appeal to the Board of Veterans' Appeals pursuant to chapter 71 of 
title 38, United States Code, and to judicial review only as provided 
in chapter 72 of such title.

                   ``TITLE V--TAXES AND PUBLIC LANDS

``SEC. 501. TAXES RESPECTING PERSONAL PROPERTY, MONEY, CREDITS, AND 
              REAL PROPERTY.

    ``(a) Application.--This section applies in any case in which a tax 
or assessment, whether general or special (other than a tax on personal 
income), falls due and remains unpaid before or during a period of 
military service with respect to a servicemember's--
            ``(1) personal property (including motor vehicles); or
            ``(2) real property occupied for dwelling, professional, 
        business, or agricultural purposes by a servicemember or the 
        servicemember's dependents or employees--
                    ``(A) before the servicemember's entry into 
                military service; and
                    ``(B) during the time the tax or assessment remains 
                unpaid.
    ``(b) Sale of Property.--
            ``(1) Limitation on sale of property to enforce tax 
        assessment.--Property described in subsection (a) may not be 
        sold to enforce the collection of such tax or assessment except 
        by court order and upon the determination by the court that 
        military service does not materially affect the servicemember's 
        ability to pay the unpaid tax or assessment.
            ``(2) Stay of court proceedings.--A court may stay a 
        proceeding to enforce the collection of such tax or assessment, 
        or sale of such property, during a period of military service 
        of the servicemember and for a period not more than 180 days 
        after the termination of, or release of the servicemember from, 
        military service.
    ``(c) Redemption.--When property described in subsection (a) is 
sold or forfeited to enforce the collection of a tax or assessment, a 
servicemember shall have the right to redeem or commence an action to 
redeem the servicemember's property during the period of military 
service or within 180 days after termination of or release from 
military service. This subsection may not be construed to shorten any 
period provided by the law of a State (including any political 
subdivision of a State) for redemption.
    ``(d) Interest on Tax or Assessment.--Whenever a servicemember does 
not pay a tax or assessment on property described in subsection (a) 
when due, the amount of the tax or assessment due and unpaid shall bear 
interest until paid at the rate of 6 percent per year. An additional 
penalty or interest shall not be incurred by reason of nonpayment. A 
lien for such unpaid tax or assessment may include interest under this 
subsection.
    ``(e) Joint Ownership Application.--This section applies to all 
forms of property described in subsection (a) owned individually by a 
servicemember or jointly by a servicemember and a dependent or 
dependents.

``SEC. 502. RIGHTS IN PUBLIC LANDS.

    ``(a) Rights Not Forfeited.--The rights of a servicemember to lands 
owned or controlled by the United States, and initiated or acquired by 
the servicemember under the laws of the United States (including the 
mining and mineral leasing laws) before military service, shall not be 
forfeited or prejudiced as a result of being absent from the land, or 
by failing to begin or complete any work or improvements to the land, 
during the period of military service.
    ``(b) Temporary Suspension of Permits or Licenses.--If a permittee 
or licensee under the Act of June 28, 1934 (43 U.S.C. 315 et seq.), 
enters military service, the permittee or licensee may suspend the 
permit or license for the period of military service and for 180 days 
after termination of or release from military service.
    ``(c) Regulations.--Regulations prescribed by the Secretary of the 
Interior shall provide for such suspension of permits and licenses and 
for the remission, reduction, or refund of grazing fees during the 
period of such suspension.

``SEC. 503. DESERT-LAND ENTRIES.

    ``(a) Desert-Land Rights Not Forfeited.--A desert-land entry made 
or held under the desert-land laws before the entrance of the entryman 
or the entryman's successor in interest into military service shall not 
be subject to contest or cancellation--
            ``(1) for failure to expend any required amount per acre 
        per year in improvements upon the claim;
            ``(2) for failure to effect the reclamation of the claim 
        during the period the entryman or the entryman's successor in 
        interest is in the military service, or for 180 days after 
        termination of or release from military service; or
            ``(3) during any period of hospitalization or 
        rehabilitation due to an injury or disability incurred in the 
        line of duty.
The time within which the entryman or claimant is required to make such 
expenditures and effect reclamation of the land shall be exclusive of 
the time periods described in paragraphs (2) and (3).
    ``(b) Service-Related Disability.--If an entryman or claimant is 
honorably discharged and is unable to accomplish reclamation of, and 
payment for, desert land due to a disability incurred in the line of 
duty, the entryman or claimant may make proof without further 
reclamation or payments, under regulations prescribed by the Secretary 
of the Interior, and receive a patent for the land entered or claimed.
    ``(c) Filing Requirement.--In order to obtain the protection of 
this section, the entryman or claimant shall, within 180 days after 
entry into military service, cause to be filed in the land office of 
the district where the claim is situated a notice communicating the 
fact of military service and the desire to hold the claim under this 
section.

``SEC. 504. MINING CLAIMS.

    ``(a) Requirements Suspended.--The provisions of section 2324 of 
the Revised Statutes of the United States (30 U.S.C. 28) specified in 
subsection (b) shall not apply to a servicemember's claims or interests 
in claims, regularly located and recorded, during a period of military 
service and 180 days thereafter, or during any period of 
hospitalization or rehabilitation due to injuries or disabilities 
incurred in the line of duty.
    ``(b) Requirements.--The provisions in section 2324 of the Revised 
Statutes that shall not apply under subsection (a) are those which 
require that on each mining claim located after May 10, 1872, and until 
a patent has been issued for such claim, not less than $100 worth of 
labor shall be performed or improvements made during each year.
    ``(c) Period of Protection From Forfeiture.--A mining claim or an 
interest in a claim owned by a servicemember that has been regularly 
located and recorded shall not be subject to forfeiture for 
nonperformance of annual assessments during the period of military 
service and for 180 days thereafter, or for any period of 
hospitalization or rehabilitation described in subsection (a).
    ``(d) Filing Requirement.--In order to obtain the protections of 
this section, the claimant of a mining location shall, before the end 
of the assessment year in which military service is begun or within 60 
days after the end of such assessment year, cause to be filed in the 
office where the location notice or certificate is recorded a notice 
communicating the fact of military service and the desire to hold the 
mining claim under this section.

``SEC. 505. MINERAL PERMITS AND LEASES.

    ``(a) Suspension During Military Service.--A person holding a 
permit or lease on the public domain under the Federal mineral leasing 
laws who enters military service may suspend all operations under the 
permit or lease for the duration of military service and for 180 days 
thereafter. The term of the permit or lease shall not run during the 
period of suspension, nor shall any rental or royalties be charged 
against the permit or lease during the period of suspension.
    ``(b) Notification.--In order to obtain the protection of this 
section, the permittee or lessee shall, within 180 days after entry 
into military service, notify the Secretary of the Interior by 
registered mail of the fact that military service has begun and of the 
desire to hold the claim under this section.
    ``(c) Contract Modification.--This section shall not be construed 
to supersede the terms of any contract for operation of a permit or 
lease.

``SEC. 506. PERFECTION OR DEFENSE OF RIGHTS.

    ``(a) Right To Take Action Not Affected.--This title shall not 
affect the right of a servicemember to take action during a period of 
military service that is authorized by law or regulations of the 
Department of the Interior, for the perfection, defense, or further 
assertion of rights initiated or acquired before entering military 
service.
    ``(b) Affidavits and Proofs.--
            ``(1) In general.--A servicemember during a period of 
        military service may make any affidavit or submit any proof 
        required by law, practice, or regulation of the Department of 
        the Interior in connection with the entry, perfection, defense, 
        or further assertion of rights initiated or acquired before 
        entering military service before an officer authorized to 
        provide notary services under section 1044a of title 10, United 
        States Code, or any superior commissioned officer.
            ``(2) Legal status of affidavits.--Such affidavits shall be 
        binding in law and subject to the same penalties as prescribed 
        by section 1001 of title 18, United State Code.

``SEC. 507. DISTRIBUTION OF INFORMATION CONCERNING BENEFITS OF TITLE.

    ``(a) Distribution of Information by Secretary Concerned.--The 
Secretary concerned shall issue to servicemembers information 
explaining the provisions of this title.
    ``(b) Application Forms.--The Secretary concerned shall provide 
application forms to servicemembers requesting relief under this title.
    ``(c) Information From Secretary of the Interior.--The Secretary of 
the Interior shall furnish to the Secretary concerned information 
explaining the provisions of this title (other than sections 501, 510, 
and 511) and related application forms.

``SEC. 508. LAND RIGHTS OF SERVICEMEMBERS.

    ``(a) No Age Limitations.--Any servicemember under the age of 21 in 
military service shall be entitled to the same rights under the laws 
relating to lands owned or controlled by the United States, including 
mining and mineral leasing laws, as those servicemembers who are 21 
years of age.
    ``(b) Residency Requirement.--Any requirement related to the 
establishment of a residence within a limited time shall be suspended 
as to entry by a servicemember in military service until 180 days after 
termination of or release from military service.
    ``(c) Entry Applications.--Applications for entry may be verified 
before a person authorized to administer oaths under section 1044a of 
title 10, United States Code, or under the laws of the State where the 
land is situated.

``SEC. 509. REGULATIONS.

    ``The Secretary of the Interior may issue regulations necessary to 
carry out this title (other than sections 501, 510, and 511).

``SEC. 510. INCOME TAXES.

    ``(a) Deferral of Tax.--Upon notice to the Internal Revenue Service 
or the tax authority of a State or a political subdivision of a State, 
the collection of income tax on the income of a servicemember falling 
due before or during military service shall be deferred for a period 
not more than 180 days after termination of or release from military 
service, if a servicemember's ability to pay such income tax is 
materially affected by military service.
    ``(b) Accrual of Interest or Penalty.--No interest or penalty shall 
accrue for the period of deferment by reason of nonpayment on any 
amount of tax deferred under this section.
    ``(c) Statute of Limitations.--The running of a statute of 
limitations against the collection of tax deferred under this section, 
by seizure or otherwise, shall be suspended for the period of military 
service of the servicemember and for an additional period of 270 days 
thereafter.
    ``(d) Application Limitation.--This section shall not apply to the 
tax imposed on employees by section 3101 of the Internal Revenue Code 
of 1986.

``SEC. 511. RESIDENCE FOR TAX PURPOSES.

    ``(a) Residence or Domicile.--A servicemember shall neither lose 
nor acquire a residence or domicile for purposes of taxation with 
respect to the person, personal property, or income of the 
servicemember by reason of being absent or present in any tax 
jurisdiction of the United States solely in compliance with military 
orders.
    ``(b) Military Service Compensation.--Compensation of a 
servicemember for military service shall not be deemed to be income for 
services performed or from sources within a tax jurisdiction of the 
United States if the servicemember is not a resident or domiciliary of 
the jurisdiction in which the servicemember is serving in compliance 
with military orders.
    ``(c) Personal Property.--
            ``(1) Relief from personal property taxes.--The personal 
        property of a servicemember shall not be deemed to be located 
        or present in, or to have a situs for taxation in, the tax 
        jurisdiction in which the servicemember is serving in 
        compliance with military orders.
            ``(2) Exception for property within member's domicile or 
        residence.--This subsection applies to personal property or its 
        use within any tax jurisdiction other than the servicemember's 
        domicile or residence.
            ``(3) Exception for property used in trade or business.--
        This section does not prevent taxation by a tax jurisdiction 
        with respect to personal property used in or arising from a 
        trade or business, if it has jurisdiction.
            ``(4) Relationship to law of state of domicile.--
        Eligibility for relief from personal property taxes under this 
        subsection is not contingent on whether or not such taxes are 
        paid to the State of domicile.
    ``(d) Increase of Tax Liability.--A tax jurisdiction may not use 
the military compensation of a nonresident servicemember to increase 
the tax liability imposed on other income earned by the nonresident 
servicemember or spouse subject to tax by the jurisdiction.
    ``(e) Federal Indian Reservations.--An Indian servicemember whose 
legal residence or domicile is a Federal Indian reservation shall be 
taxed by the laws applicable to Federal Indian reservations and not the 
State where the reservation is located.
    ``(f) Definitions.--For purposes of this section:
            ``(1) Personal property.--The term `personal property' 
        means intangible and tangible property (including motor 
        vehicles).
            ``(2) Taxation.--The term `taxation' includes licenses, 
        fees, or excises imposed with respect to motor vehicles and 
        their use, if the license, fee, or excise is paid by the 
        servicemember in the servicemember's State of domicile or 
        residence.
            ``(3) Tax jurisdiction.--The term `tax jurisdiction' means 
        a State or a political subdivision of a State.

                  ``TITLE VI--ADMINISTRATIVE REMEDIES

``SEC. 601. INAPPROPRIATE USE OF ACT.

    ``If a court determines, in any proceeding to enforce a civil 
right, that any interest, property, or contract has been transferred or 
acquired with the intent to delay the just enforcement of such right by 
taking advantage of this Act, the court shall enter such judgment or 
make such order as might lawfully be entered or made concerning such 
transfer or acquisition.

``SEC. 602. CERTIFICATES OF SERVICE; PERSONS REPORTED MISSING.

    ``(a) Prima Facie Evidence.--In any proceeding under this Act, a 
certificate signed by the Secretary concerned is prima facie evidence 
as to any of the following facts stated in the certificate:
            ``(1) That a person named is, is not, has been, or has not 
        been in military service.
            ``(2) The time and the place the person entered military 
        service.
            ``(3) The person's residence at the time the person entered 
        military service.
            ``(4) The rank, branch, and unit of military service of the 
        person upon entry.
            ``(5) The inclusive dates of the person's military service.
            ``(6) The monthly pay received by the person at the date of 
        the certificate's issuance.
            ``(7) The time and place of the person's termination of or 
        release from military service, or the person's death during 
        military service.
    ``(b) Certificates.--The Secretary concerned shall furnish a 
certificate under subsection (a) upon receipt of an application for 
such a certificate. A certificate appearing to be signed by the 
Secretary concerned is prima facie evidence of its contents and of the 
signer's authority to issue it.
    ``(c) Treatment of Servicemembers in Missing Status.--A 
servicemember who has been reported missing is presumed to continue in 
service until accounted for. A requirement under this Act that begins 
or ends with the death of a servicemember does not begin or end until 
the servicemember's death is reported to, or determined by, the 
Secretary concerned or by a court of competent jurisdiction.

``SEC. 603. INTERLOCUTORY ORDERS.

    ``An interlocutory order issued by a court under this Act may be 
revoked, modified, or extended by that court upon its own motion or 
otherwise, upon notification to affected parties as required by the 
court.

                      ``TITLE VII--FURTHER RELIEF

``SEC. 701. ANTICIPATORY RELIEF.

    ``(a) Application for Relief.--A servicemember may, during military 
service or within 180 days of termination of or release from military 
service, apply to a court for relief--
            ``(1) from any obligation or liability incurred by the 
        servicemember before the servicemember's military service; or
            ``(2) from a tax or assessment falling due before or during 
        the servicemember's military service.
    ``(b) Tax Liability or Assessment.--In a case covered by subsection 
(a), the court may, if the ability of the servicemember to comply with 
the terms of such obligation or liability or pay such tax or assessment 
has been materially affected by reason of military service, after 
appropriate notice and hearing, grant the following relief:
            ``(1) Stay of enforcement of real estate contracts.--
                    ``(A) In the case of an obligation payable in 
                installments under a contract for the purchase of real 
                estate, or secured by a mortgage or other instrument in 
                the nature of a mortgage upon real estate, the court 
                may grant a stay of the enforcement of the obligation--
                            ``(i) during the servicemember's period of 
                        military service; and
                            ``(ii) from the date of termination of or 
                        release from military service, or from the date 
                        of application if made after termination of or 
                        release from military service.
                    ``(B) Any stay under this paragraph shall be--
                            ``(i) for a period equal to the remaining 
                        life of the installment contract or other 
                        instrument, plus a period of time equal to the 
                        period of military service of the 
                        servicemember, or any part of such combined 
                        period; and
                            ``(ii) subject to payment of the balance of 
                        the principal and accumulated interest due and 
                        unpaid at the date of termination or release 
                        from the applicant's military service or from 
                        the date of application in equal installments 
                        during the combined period at the rate of 
                        interest on the unpaid balance prescribed in 
                        the contract or other instrument evidencing the 
                        obligation, and subject to other terms as may 
                        be equitable.
            ``(2) Stay of enforcement of other contracts.--
                    ``(A) In the case of any other obligation, 
                liability, tax, or assessment, the court may grant a 
                stay of enforcement--
                            ``(i) during the servicemember's military 
                        service; and
                            ``(ii) from the date of termination of or 
                        release from military service, or from the date 
                        of application if made after termination or 
                        release from military service.
                    ``(B) Any stay under this paragraph shall be--
                            ``(i) for a period of time equal to the 
                        period of the servicemember's military service 
                        or any part of such period; and
                            ``(ii) subject to payment of the balance of 
                        principal and accumulated interest due and 
                        unpaid at the date of termination or release 
                        from military service, or the date of 
                        application, in equal periodic installments 
                        during this extended period at the rate of 
                        interest as may be prescribed for this 
                        obligation, liability, tax, or assessment, if 
                        paid when due, and subject to other terms as 
                        may be equitable.
    ``(c) Affect of Stay on Fine or Penalty.--When a court grants a 
stay under this section, a fine or penalty shall not accrue on the 
obligation, liability, tax, or assessment for the period of compliance 
with the terms and conditions of the stay.

``SEC. 702. POWER OF ATTORNEY.

    ``(a) Automatic Extension.--A power of attorney of a servicemember 
shall be automatically extended for the period the servicemember is in 
a missing status (as defined in section 551(2) of title 37, United 
States Code) if the power of attorney--
            ``(1) was duly executed by the servicemember--
                    ``(A) while in military service; or
                    ``(B) before entry into military service but after 
                the servicemember--
                            ``(i) received a call or order to report 
                        for military service; or
                            ``(ii) was notified by an official of the 
                        Department of Defense that the person could 
                        receive a call or order to report for military 
                        service;
            ``(2) designates the servicemember's spouse, parent, or 
        other named relative as the servicemember's attorney in fact 
        for certain, specified, or all purposes; and
            ``(3) expires by its terms after the servicemember entered 
        a missing status.
    ``(b) Limitation on Power of Attorney Extension.--A power of 
attorney executed by a servicemember may not be extended under 
subsection (a) if the document by its terms clearly indicates that the 
power granted expires on the date specified even though the 
servicemember, after the date of execution of the document, enters a 
missing status.

``SEC. 703. PROFESSIONAL LIABILITY PROTECTION.

    ``(a) Applicability.--This section applies to a servicemember who--
            ``(1) after July 31, 1990, is ordered to active duty (other 
        than for training) pursuant to sections 688, 12301(a), 
        12301(g), 12302, 12304, 12306, or 12307 of title 10, United 
        States Code, or who is ordered to active duty under section 
        12301(d) of such title during a period when members are on 
        active duty pursuant to any of the preceding sections; and
            ``(2) immediately before receiving the order to active 
        duty--
                    ``(A) was engaged in the furnishing of health-care 
                or legal services or other services determined by the 
                Secretary of Defense to be professional services; and
                    ``(B) had in effect a professional liability 
                insurance policy that does not continue to cover claims 
                filed with respect to the servicemember during the 
                period of the servicemember's active duty unless the 
                premiums are paid for such coverage for such period.
    ``(b) Suspension of Coverage.--
            ``(1) Suspension.--Coverage of a servicemember referred to 
        in subsection (a) by a professional liability insurance policy 
        shall be suspended by the insurance carrier in accordance with 
        this subsection upon receipt of a written request from the 
        servicemember by the insurance carrier.
            ``(2) Premiums for suspended contracts.--A professional 
        liability insurance carrier--
                    ``(A) may not require that premiums be paid by or 
                on behalf of a servicemember for any professional 
                liability insurance coverage suspended pursuant to 
                paragraph (1); and
                    ``(B) shall refund any amount paid for coverage for 
                the period of such suspension or, upon the election of 
                such servicemember, apply such amount for the payment 
                of any premium becoming due upon the reinstatement of 
                such coverage.
            ``(3) Nonliability of carrier during suspension.--A 
        professional liability insurance carrier shall not be liable 
        with respect to any claim that is based on professional conduct 
        (including any failure to take any action in a professional 
        capacity) of a servicemember that occurs during a period of 
        suspension of that servicemember's professional liability 
        insurance under this subsection.
            ``(4) Certain claims considered to arise before 
        suspension.--For the purposes of paragraph (3), a claim based 
        upon the failure of a professional to make adequate provision 
        for a patient, client, or other person to receive professional 
        services or other assistance during the period of the 
        professional's active duty service shall be considered to be 
        based on an action or failure to take action before the 
        beginning of the period of the suspension of professional 
        liability insurance under this subsection, except in a case in 
        which professional services were provided after the date of the 
        beginning of such period.
    ``(c) Reinstatement of Coverage.--
            ``(1) Reinstatement required.--Professional liability 
        insurance coverage suspended in the case of any servicemember 
        pursuant to subsection (b) shall be reinstated by the insurance 
        carrier on the date on which that servicemember transmits to 
        the insurance carrier a written request for reinstatement.
            ``(2) Time and premium for reinstatement.--The request of a 
        servicemember for reinstatement shall be effective only if the 
        servicemember transmits the request to the insurance carrier 
        within 30 days after the date on which the servicemember is 
        released from active duty. The insurance carrier shall notify 
        the servicemember of the due date for payment of the premium of 
        such insurance. Such premium shall be paid by the servicemember 
        within 30 days after receipt of that notice.
            ``(3) Period of reinstated coverage.--The period for which 
        professional liability insurance coverage shall be reinstated 
        for a servicemember under this subsection may not be less than 
        the balance of the period for which coverage would have 
        continued under the insurance policy if the coverage had not 
        been suspended.
    ``(d) Increase in Premium.--
            ``(1) Limitation on premium increases.--An insurance 
        carrier may not increase the amount of the premium charged for 
        professional liability insurance coverage of any servicemember 
        for the minimum period of the reinstatement of such coverage 
        required under subsection (c)(3) to an amount greater than the 
        amount chargeable for such coverage for such period before the 
        suspension.
            ``(2) Exception.--Paragraph (1) does not prevent an 
        increase in premium to the extent of any general increase in 
        the premiums charged by that carrier for the same professional 
        liability coverage for persons similarly covered by such 
        insurance during the period of the suspension.
    ``(e) Continuation of Coverage of Unaffected Persons.--This section 
does not--
            ``(1) require a suspension of professional liability 
        insurance protection for any person who is not a person 
        referred to in subsection (a) and who is covered by the same 
        professional liability insurance as a person referred to in 
        such subsection; or
            ``(2) relieve any person of the obligation to pay premiums 
        for the coverage not required to be suspended.
    ``(f) Stay of Civil or Administrative Actions.--
            ``(1) Stay of actions.--A civil or administrative action 
        for damages on the basis of the alleged professional negligence 
        or other professional liability of a servicemember whose 
        professional liability insurance coverage has been suspended 
        under subsection (b) shall be stayed until the end of the 
        period of the suspension if--
                    ``(A) the action was commenced during the period of 
                the suspension;
                    ``(B) the action is based on an act or omission 
                that occurred before the date on which the suspension 
                became effective; and
                    ``(C) the suspended professional liability 
                insurance would, except for the suspension, on its face 
                cover the alleged professional negligence or other 
                professional liability negligence or other professional 
                liability of the servicemember.
            ``(2) Date of commencement of action.--Whenever a civil or 
        administrative action for damages is stayed under paragraph (1) 
        in the case of any servicemember, the action shall have been 
        deemed to have been filed on the date on which the professional 
        liability insurance coverage of the servicemember is reinstated 
        under subsection (c).
    ``(g) Effect of Suspension Upon Limitations Period.--In the case of 
a civil or administrative action for which a stay could have been 
granted under subsection (f) by reason of the suspension of 
professional liability insurance coverage of the defendant under this 
section, the period of the suspension of the coverage shall be excluded 
from the computation of any statutory period of limitation on the 
commencement of such action.
    ``(h) Death During Period of Suspension.--If a servicemember whose 
professional liability insurance coverage is suspended under subsection 
(b) dies during the period of the suspension--
            ``(1) the requirement for the grant or continuance of a 
        stay in any civil or administrative action against such 
        servicemember under subsection (f)(1) shall terminate on the 
        date of the death of such servicemember; and
            ``(2) the carrier of the professional liability insurance 
        so suspended shall be liable for any claim for damages for 
        professional negligence or other professional liability of the 
        deceased servicemember in the same manner and to the same 
        extent as such carrier would be liable if the servicemember had 
        died while covered by such insurance but before the claim was 
        filed.
    ``(i) Definitions.--For purposes of this section:
            ``(1) Active duty.--The term `active duty' has the meaning 
        given that term in section 101(d)(1) of title 10, United States 
        Code.
            ``(2) Profession.--The term `profession' includes 
        occupation.
            ``(3) Professional.--The term `professional' includes 
        occupational.

``SEC. 704. HEALTH INSURANCE REINSTATEMENT.

    ``(a) Reinstatement of Health Insurance.--A servicemember who, by 
reason of military service as defined in section 703(a)(1), is entitled 
to the rights and protections of this Act shall also be entitled upon 
termination or release from such service to reinstatement of any health 
insurance that--
            ``(1) was in effect on the day before such service 
        commenced; and
            ``(2) was terminated effective on a date during the period 
        of such service.
    ``(b) No Exclusion or Waiting Period.--The reinstatement of health 
care insurance coverage for the health or physical condition of a 
servicemember described in subsection (a), or any other person who is 
covered by the insurance by reason of the coverage of the 
servicemember, shall not be subject to an exclusion or a waiting 
period, if--
            ``(1) the condition arose before or during the period of 
        such service;
            ``(2) an exclusion or a waiting period would not have been 
        imposed for the condition during the period of coverage; and
            ``(3) if the condition relates to the servicemember, the 
        condition has not been determined by the Secretary of Veterans 
        Affairs to be a disability incurred or aggravated in the line 
        of duty (within the meaning of section 105 of title 38, United 
        States Code).
    ``(c) Exceptions.--Subsection (a) does not apply to a servicemember 
entitled to participate in employer-offered insurance benefits pursuant 
to the provisions of chapter 43 of title 38, United States Code.
    ``(d) Time for Applying for Reinstatement.--An application under 
this section must be filed not later than 120 days after the date of 
the termination of or release from military service.

``SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

    ``For the purposes of voting for any Federal office (as defined in 
section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431)) or a State or local office, a person who is absent from a State 
in compliance with military or naval orders shall not, solely by reason 
of that absence--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not the person intends 
        to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become a resident in or a resident 
        of any other State.

``SEC. 706. BUSINESS OR TRADE OBLIGATIONS.

    ``(a) Availability of Non-Business Assets To Satisfy Obligations.--
If the trade or business (without regard to the form in which such 
trade or business is carried out) of a servicemember has an obligation 
or liability for which the servicemember is personally liable, the 
assets of the servicemember not held in connection with the trade or 
business may not be available for satisfaction of the obligation or 
liability during the servicemember's military service.
    ``(b) Relief to Obligors.--Upon application to a court by the 
holder of an obligation or liability covered by this section, relief 
granted by this section to a servicemember may be modified as justice 
and equity require.''.

SEC. 2. CONFORMING AMENDMENTS.

    (a) Military Selective Service Act.--Section 14 of the Military 
Selective Service Act (50 U.S.C. App. 464) is repealed.
    (b) Title 5, United States Code.--
            (1) Section 5520a(k)(2)(A) of title 5, United States Code, 
        is amended by striking ``Soldiers' and Sailors' Civil Relief 
        Act of 1940'' and inserting ``Servicemembers Civil Relief 
        Act''; and
            (2) Section 5569(e) of title 5, United States Code, is 
        amended--
                    (A) in paragraph (1), by striking ``provided by the 
                Soldiers' and Sailors' Civil Relief Act of 1940'' and 
                all that follows through ``of such Act'' and inserting 
                ``provided by the Servicemembers Civil Relief Act, 
                including the benefits provided by section 702 of such 
                Act but excluding the benefits provided by sections 
                104, 105, and 106, title IV, and title V (other than 
                sections 501 and 510) of such Act''; and
                    (B) in paragraph (2)(A), by striking ``person in 
                the military service'' and inserting ``servicemember''.
    (c) Title 10, United States Code.--Section 1408(b)(1)(D) of title 
10, United States Code, is amended by striking ``Soldiers' and Sailors' 
Civil Relief Act of 1940'' and inserting ``Servicemembers Civil Relief 
Act''.
    (d) Internal Revenue Code.--Section 7654(d)(1) of the Internal 
Revenue Code of 1986 is amended by striking ``Soldiers' and Sailors' 
Civil Relief Act'' and inserting ``Servicemembers Civil Relief Act''.
    (e) Public Health Service Act.--Section 212(e) of the Public Health 
Service Act (42 U.S.C. 213(e)) is amended by striking ``Soldiers' and 
Sailors' Civil Relief Act of 1940'' and inserting ``Servicemembers 
Civil Relief Act''.
    (f) Elementary and Secondary Education Act of 1965.--Section 8001 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701) 
is amended by striking ``section 514 of the Soldiers' and Sailors' 
Civil Relief Act of 1940 (50 U.S.C. App. 574)'' in the matter preceding 
paragraph (1) and inserting ``section 511 of the Servicemembers Civil 
Relief Act''.
    (g) NOAA Commissioned Officer Corps Act of 2002.--Section 262(a)(2) 
of National Oceanic and Atmospheric Administration Commissioned Officer 
Corps Act of 2002 (33 U.S.C. 3072(a)(2)) is amended to read as follows:
            ``(2) The Servicemembers Civil Relief Act.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 1 shall apply to any case that is not 
final before the date of the enactment of this Act.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 100

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                               AMENDMENT