[Congressional Record (Bound Edition), Volume 149 (2003), Part 1]
[Extensions of Remarks]
[Pages 261-262]
[From the U.S. Government Publishing Office, www.gpo.gov]




             H.R. 100, THE SERVICEMEMBERS CIVIL RELIEF ACT

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Tuesday, January 7, 2003

  Mr. SMITH of New Jersey. Mr. Speaker, today Mr. Evans of Illinois and 
I are introducing H.R. 100, the Servicemembers Civil Relief Act, a bill 
to restate, clarify and strengthen the legal protections afforded our 
men and women who serve on active duty in our armed forces. This 
measure would modernize and rename the current Soldiers' and Sailors' 
Civil Relief Act, which has had only a few changes since it was passed 
during World War II. While it has always provided extremely important 
legal protections, this law is badly in need of comprehensive 
redrafting in modern legislative language so that it has a more 
inclusive name, is easier to understand and interpret, and, most 
importantly, provides updated protections to reflect the considerable 
changes in American society that have occurred over the past fifty 
years.
  During the 107th Congress, I introduced H.R. 5111, a bill of the same 
name. H.R. 100 is a continuation of that initiative, and it may be 
possible to make more improvements as the new bill is considered. I 
think the timing of this legislation is important. Our Nation is 
engaged in a war against terrorism and once again contemplates the 
possibility of a war to prevent Saddam Hussein from developing weapons 
intended to terrorize the world. Our servicemembers need to know their 
elected representatives are working to reduce the burdens they and 
their loved ones face as they protect our freedoms and way of life. 
That is why we are introducing this bill on the first day of the 108th 
Congress.
  Mr. Speaker, H.R. 100 is intended to make the Soldiers' and Sailors' 
Civil Relief Act (SSCRA) easier to understand by restating it in plain 
language, to incorporate generally accepted procedural practices, and 
to adjust its provisions to developments in American life since 1940. 
Major improvements to the SSCRA in H.R. 100 would:
  1. Expand the SSCRA provision temporarily suspending legal 
proceedings that may prejudice the civil legal rights of military 
personnel to include administrative as well as judicial proceedings;
  2. Add a section pertaining to Legal Representatives that clarifies 
the term ``servicemember,'' as used in the Act, and incorporates by 
reference the concept of a legal

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representative (the SSCRA is silent on this issue);
  3. Establish a 90-day automatic stay of proceedings when military 
duty requirements materially affect the servicemember's ability to 
appear in a judicial or administrative proceeding;
  4. Clarify the 6 percent interest rate cap by specifying that 
interest in excess of 6 percent per year is forgiven;
  5. Improve eviction protections by precluding evictions from premises 
occupied by servicemembers for which the monthly rent does not exceed 
$1,700, rather than the current ceiling of $1,200;
  6. Add leases to the provision protecting servicemembers who, prior 
to entry into military service, have entered an installment contract 
for the purchase of real or personal property by prohibiting creditors 
without court action from terminating contracts and repossessing 
property for nonpayment or breach occurring prior to or during military 
service;
  7. Expand the termination of the real property leases provision by 
adding a clause stating that, if a servicemember while in military 
service executes a lease and thereafter receives military orders for a 
permanent change of station (PCS) move or a deployment order of 90 days 
or more, the servicemember can terminate the lease by giving the 
landlord written notice;
  8. Clarify that protections regarding taxes on personal property 
include all forms of property owned by a servicemember or jointly held 
by a servicemember and the servicemember's spouse;
  9. Add a provision that states ``a tax jurisdiction may not use the 
military compensation of the non-resident servicemember to increase the 
tax liability imposed on other income earned by the nonresident 
servicemember or spouse subject to tax by the jurisdiction''; and
  10. Include legal services as a professional service specifically 
named under the provision that provides for suspension and subsequent 
reinstatement of existing professional liability insurance coverage for 
designated professionals serving on active duty.
  Mr. Speaker, during the last Congress, with Public Law 107-330 we 
amended the Soldiers' and Sailors' Civil Relief Act to expand coverage 
to National Guard members activated under title 32 to respond to 
national emergencies declared by the President. Just in the past few 
days, some members of the reserve components have received notices that 
they will be called up for active duty, and Congress should consider 
more ways to encourage citizen service in the armed forces both by 
reducing its burdens and increasing its incentives. I hope to do that 
during this Congress. What was once called the Militia is now the 
National Guard and the Reserves, but the purpose remains the same, to 
give the people themselves the opportunity and responsibility to 
voluntarily contribute their time and talents to the national defense.
  Mr. Speaker, I am hopeful that the House will consider and pass H.R. 
100 early in this session. Our servicemembers should be uppermost in 
our minds and in our prayers during these dangerous times. As we depend 
on them, we must also do our part.

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