[108th Congress Public Law 189]
[From the U.S. Government Printing Office]
[DOCID: f:publ189.108]
[[Page 117 STAT. 2835]]
Public Law 108-189
108th Congress
An Act
To restate, clarify, and revise the Soliders' and Sailors' Civil Relief
Act of 1940. <<NOTE: Dec. 19, 2003 - [H.R. 100]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RESTATEMENT OF ACT.
The Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
501 et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This <<NOTE: 50 USC app. 501.>> Act may be cited
as the `Servicemembers Civil Relief Act'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Definitions.
``Sec. 102. Jurisdiction and applicability of Act.
``Sec. 103. Protection of persons secondarily liable.
``Sec. 104. Extension of protections to citizens serving with allied
forces.
``Sec. 105. Notification of benefits.
``Sec. 106. Extension of rights and protections to Reserves ordered to
report for military service and to persons ordered to report
for induction.
``Sec. 107. Waiver of rights pursuant to written agreement.
``Sec. 108. Exercise of rights under Act not to affect certain future
financial transactions.
``Sec. 109. Legal representatives.
``TITLE II--GENERAL RELIEF
``Sec. 201. Protection of servicemembers against default judgments.
``Sec. 202. Stay of proceedings when servicemember has notice.
``Sec. 203. Fines and penalties under contracts.
``Sec. 204. Stay or vacation of execution of judgments, attachments, and
garnishments.
``Sec. 205. Duration and term of stays; codefendants not in service.
``Sec. 206. Statute of limitations.
``Sec. 207. Maximum rate of interest on debts incurred before military
service.
``TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT,
LEASES
``Sec. 301. Evictions and distress.
``Sec. 302. Protection under installment contracts for purchase or
lease.
``Sec. 303. Mortgages and trust deeds.
``Sec. 304. Settlement of stayed cases relating to personal property.
``Sec. 305. Termination of residential or motor vehicle leases.
``Sec. 306. Protection of life insurance policy.
``Sec. 307. Enforcement of storage liens.
``Sec. 308. Extension of protections to dependents.
[[Page 117 STAT. 2836]]
``TITLE IV--LIFE INSURANCE
``Sec. 401. Definitions.
``Sec. 402. Insurance rights and protections.
``Sec. 403. Application for insurance protection.
``Sec. 404. Policies entitled to protection and lapse of policies.
``Sec. 405. Policy restrictions.
``Sec. 406. Deduction of unpaid premiums.
``Sec. 407. Premiums and interest guaranteed by United States.
``Sec. 408. Regulations.
``Sec. 409. Review of findings of fact and conclusions of law.
``TITLE V--TAXES AND PUBLIC LANDS
``Sec. 501. Taxes respecting personal property, money, credits, and real
property.
``Sec. 502. Rights in public lands.
``Sec. 503. Desert-land entries.
``Sec. 504. Mining claims.
``Sec. 505. Mineral permits and leases.
``Sec. 506. Perfection or defense of rights.
``Sec. 507. Distribution of information concerning benefits of title.
``Sec. 508. Land rights of servicemembers.
``Sec. 509. Regulations.
``Sec. 510. Income taxes.
``Sec. 511. Residence for tax purposes.
``TITLE VI--ADMINISTRATIVE REMEDIES
``Sec. 601. Inappropriate use of Act.
``Sec. 602. Certificates of service; persons reported missing.
``Sec. 603. Interlocutory orders.
``TITLE VII--FURTHER RELIEF
``Sec. 701. Anticipatory relief.
``Sec. 702. Power of attorney.
``Sec. 703. Professional liability protection.
``Sec. 704. Health insurance reinstatement.
``Sec. 705. Guarantee of residency for military personnel.
``Sec. 706. Business or trade obligations.
``SEC. 2. <<NOTE: 50 USC app. 502.>> PURPOSE.
``The purposes of this Act are--
``(1) to provide for, strengthen, and expedite the national
defense through protection extended by this Act to
servicemembers of the United States to enable such persons to
devote their entire energy to the defense needs of the Nation;
and
``(2) to provide for the temporary suspension of judicial
and administrative proceedings and transactions that may
adversely affect the civil rights of servicemembers during their
military service.
``TITLE I--GENERAL PROVISIONS
``SEC. 101. <<NOTE: 50 USC app. 511.>> DEFINITIONS.
``For the purposes of this Act:
``(1) Servicemember.--The term `servicemember' means a
member of the uniformed services, as that term is defined in
section 101(a)(5) of title 10, United States Code.
``(2) Military service.--The term `military service' means--
``(A) in the case of a servicemember who is a member
of the Army, Navy, Air Force, Marine Corps, or Coast
Guard--
``(i) active duty, as defined in section
101(d)(1) of title 10, United States Code, and
[[Page 117 STAT. 2837]]
``(ii) in the case of a member of the National
Guard, includes service under a call to active
service authorized by the President or the
Secretary of Defense for a period of more than 30
consecutive days under section 502(f) of title 32,
United States Code, for purposes of responding to
a national emergency declared by the President and
supported by Federal funds;
``(B) in the case of a servicemember who is a
commissioned officer of the Public Health Service or the
National Oceanic and Atmospheric Administration, active
service; and
``(C) any period during which a servicemember is
absent from duty on account of sickness, wounds, leave,
or other lawful cause.
``(3) Period of military service.--The term `period of
military service' means the period beginning on the date on
which a servicemember enters military service and ending on the
date on which the servicemember is released from military
service or dies while in military service.
``(4) Dependent.--The term `dependent', with respect to a
servicemember, means--
``(A) the servicemember's spouse;
``(B) the servicemember's child (as defined in
section 101(4) of title 38, United States Code); or
``(C) an individual for whom the servicemember
provided more than one-half of the individual's support
for 180 days immediately preceding an application for
relief under this Act.
``(5) Court.--The term `court' means a court or an
administrative agency of the United States or of any State
(including any political subdivision of a State), whether or not
a court or administrative agency of record.
``(6) State.--The term `State' includes--
``(A) a commonwealth, territory, or possession of
the United States; and
``(B) the District of Columbia.
``(7) Secretary concerned.--The term `Secretary concerned'--
``(A) with respect to a member of the armed forces,
has the meaning given that term in section 101(a)(9) of
title 10, United States Code;
``(B) with respect to a commissioned officer of the
Public Health Service, means the Secretary of Health and
Human Services; and
``(C) with respect to a commissioned officer of the
National Oceanic and Atmospheric Administration, means
the Secretary of Commerce.
``(8) Motor vehicle.--The term `motor vehicle' has the
meaning given that term in section 30102(a)(6) of title 49,
United States Code.
``SEC. 102. <<NOTE: 50 USC app. 512.>> JURISDICTION AND APPLICABILITY OF
ACT.
``(a) Jurisdiction.--This Act applies to--
``(1) the United States;
``(2) each of the States, including the political
subdivisions thereof; and
[[Page 117 STAT. 2838]]
``(3) all territory subject to the jurisdiction of the
United States.
``(b) Applicability to Proceedings.--This Act applies to any
judicial or administrative proceeding commenced in any court or agency
in any jurisdiction subject to this Act. This Act does not apply to
criminal proceedings.
``(c) Court in Which Application May Be Made.--When under this Act
any application is required to be made to a court in which no proceeding
has already been commenced with respect to the matter, such application
may be made to any court which would otherwise have jurisdiction over
the matter.
``SEC. 103. <<NOTE: 50 USC app. 513.>> PROTECTION OF PERSONS SECONDARILY
LIABLE.
``(a) Extension of Protection When Actions Stayed, Postponed, or
Suspended.--Whenever pursuant to this Act a court stays, postpones, or
suspends (1) the enforcement of an obligation or liability, (2) the
prosecution of a suit or proceeding, (3) the entry or enforcement of an
order, writ, judgment, or decree, or (4) the performance of any other
act, the court may likewise grant such a stay, postponement, or
suspension to a surety, guarantor, endorser, accommodation maker,
comaker, or other person who is or may be primarily or secondarily
subject to the obligation or liability the performance or enforcement of
which is stayed, postponed, or suspended.
``(b) Vacation or Set-Aside of Judgments.--When a judgment or decree
is vacated or set aside, in whole or in part, pursuant to this Act, the
court may also set aside or vacate, as the case may be, the judgment or
decree as to a surety, guarantor, endorser, accommodation maker,
comaker, or other person who is or may be primarily or secondarily
liable on the contract or liability for the enforcement of the judgment
or decree.
``(c) Bail Bond Not To Be Enforced During Period of Military
Service.--A court may not enforce a bail bond during the period of
military service of the principal on the bond when military service
prevents the surety from obtaining the attendance of the principal. The
court may discharge the surety and exonerate the bail, in accordance
with principles of equity and justice, during or after the period of
military service of the principal.
``(d) Waiver of Rights.--
``(1) Waivers not precluded.--This Act does not prevent a
waiver in writing by a surety, guarantor, endorser,
accommodation maker, comaker, or other person (whether primarily
or secondarily liable on an obligation or liability) of the
protections provided under subsections (a) and (b). Any such
waiver is effective only if it is executed as an instrument
separate from the obligation or liability with respect to which
it applies.
``(2) Waiver invalidated upon entrance to military
service.--If a waiver under paragraph (1) is executed by an
individual who after the execution of the waiver enters military
service, or by a dependent of an individual who after the
execution of the waiver enters military service, the waiver is
not valid after the beginning of the period of such military
service unless the waiver was executed by such individual or
dependent during the period specified in section 106.
[[Page 117 STAT. 2839]]
``SEC. 104. <<NOTE: 50 USC app. 514.>> EXTENSION OF PROTECTIONS TO
CITIZENS SERVING WITH ALLIED FORCES.
``A citizen of the United States who is serving with the forces of a
nation with which the United States is allied in the prosecution of a
war or military action is entitled to the relief and protections
provided under this Act if that service with the allied force is similar
to military service as defined in this Act. <<NOTE: Termination
date.>> The relief and protections provided to such citizen shall
terminate on the date of discharge or release from such service.
``SEC. 105. <<NOTE: 50 USC app. 515.>> NOTIFICATION OF BENEFITS.
``The Secretary concerned shall ensure that notice of the benefits
accorded by this Act is provided in writing to persons in military
service and to persons entering military service.
``SEC. 106. <<NOTE: 50 USC app. 516.>> EXTENSION OF RIGHTS AND
PROTECTIONS TO RESERVES ORDERED TO REPORT FOR MILITARY
SERVICE AND TO PERSONS ORDERED TO REPORT FOR INDUCTION.
``(a) Reserves Ordered To Report for Military Service.--A member of
a reserve component who is ordered to report for military service is
entitled to the rights and protections of this title and titles II and
III during the period beginning on the date of the member's receipt of
the order and ending on the date on which the member reports for
military service (or, if the order is revoked before the member so
reports, or the date on which the order is revoked).
``(b) Persons Ordered To Report for Induction.--A person who has
been ordered to report for induction under the Military Selective
Service Act (50 U.S.C. App. 451 et seq.) is entitled to the rights and
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. <<NOTE: 50 USC app. 517.>> 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--
[[Page 117 STAT. 2840]]
``(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. <<NOTE: 50 USC app. 518.>> 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. <<NOTE: 50 USC app. 519.>> 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. <<NOTE: 50 USC app. 521.>> 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--
[[Page 117 STAT. 2841]]
``(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.
[[Page 117 STAT. 2842]]
``(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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 522.>> 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
[[Page 117 STAT. 2843]]
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. <<NOTE: 50 USC app. 523.>> 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. <<NOTE: 50 USC app. 524.>> 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.
[[Page 117 STAT. 2844]]
``SEC. 205. <<NOTE: 50 USC app. 525.>> 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. <<NOTE: 50 USC app. 526.>> 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. <<NOTE: 50 USC app. 527.>> 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 <<NOTE: Deadline.>> order for an obligation or liability of a
servicemember to be subject to the interest
[[Page 117 STAT. 2845]]
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. <<NOTE: 50 USC app. 531.>> 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.
[[Page 117 STAT. 2846]]
``(3) Publication <<NOTE: Federal Register,
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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 532.>> 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.
[[Page 117 STAT. 2847]]
``(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. <<NOTE: 50 USC app. 533.>> MORTGAGES AND TRUST DEEDS.
``(a) Mortgage as Security.--This <<NOTE: Applicability.>> 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
[[Page 117 STAT. 2848]]
``(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. <<NOTE: 50 USC app. 534.>> 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. <<NOTE: 50 USC app. 535.>> 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 <<NOTE: Applicability.>> 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
[[Page 117 STAT. 2849]]
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) <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 2850]]
``(f) Rent Paid in Advance.--Rents <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 536.>> 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.
[[Page 117 STAT. 2851]]
``(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. <<NOTE: 50 USC app. 537.>> 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. <<NOTE: 50 USC app. 538.>> 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. <<NOTE: 50 USC app. 541.>> 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--
[[Page 117 STAT. 2852]]
``(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. <<NOTE: 50 USC app. 542.>> 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. <<NOTE: 50 USC app. 543.>> 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 <<NOTE: Reports. Regulations.>> to the Secretary by the
Insurer.--Upon receipt of the application of the insured, the insurer
shall furnish a report
[[Page 117 STAT. 2853]]
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. <<NOTE: 50 USC app. 544.>> 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. <<NOTE: 50 USC app. 545.>> 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. <<NOTE: 50 USC app. 546.>> 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. <<NOTE: 50 USC app. 547.>> PREMIUMS AND INTEREST GUARANTEED
BY UNITED STATES.
``(a) Guarantee of Premiums and Interest by the United States.--
[[Page 117 STAT. 2854]]
``(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. <<NOTE: 50 USC app. 548.>> REGULATIONS.
``The Secretary of Veterans Affairs shall prescribe regulations for
the implementation of this title.
``SEC. 409. <<NOTE: 50 USC app. 549.>> 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. <<NOTE: 50 USC app. 561.>> 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--
[[Page 117 STAT. 2855]]
``(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 <<NOTE: Applicability.>> 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. <<NOTE: 50 USC app. 562.>> 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.
[[Page 117 STAT. 2856]]
``SEC. 503. <<NOTE: 50 USC app. 563.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 564.>> 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 <<NOTE: Deadline.>> 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
[[Page 117 STAT. 2857]]
is recorded a notice communicating the fact of military service and the
desire to hold the mining claim under this section.
``SEC. 505. <<NOTE: 50 USC app. 565.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 566.>> 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. <<NOTE: 50 USC app. 567.>> 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. <<NOTE: 50 USC app. 568.>> 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,
[[Page 117 STAT. 2858]]
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. <<NOTE: 50 USC app. 569.>> REGULATIONS.
``The Secretary of the Interior may issue regulations necessary to
carry out this title (other than sections 501, 510, and 511).
``SEC. 510. <<NOTE: 50 USC app. 570.>> 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. <<NOTE: 50 USC app. 571.>> 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 <<NOTE: Applicability.>> 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.
[[Page 117 STAT. 2859]]
``(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. <<NOTE: 50 USC app. 581.>> 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. <<NOTE: 50 USC app. 582.>> 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.
[[Page 117 STAT. 2860]]
``(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. <<NOTE: 50 USC app. 583.>> 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. <<NOTE: 50 USC app. 591.>> 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
[[Page 117 STAT. 2861]]
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. <<NOTE: 50 USC app. 592.>> 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.
[[Page 117 STAT. 2862]]
``SEC. 703. <<NOTE: 50 USC app. 593.>> 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
[[Page 117 STAT. 2863]]
carrier on the date on which that servicemember transmits to the
insurance carrier a written request for reinstatement.
``(2) Time <<NOTE: Deadline.>> 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. <<NOTE: Notification.>> The insurance carrier shall notify
the servicemember of the due date for payment of the premium of
such insurance. <<NOTE: Deadline.>> 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.
[[Page 117 STAT. 2864]]
``(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. <<NOTE: 50 USC app. 594.>> 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
[[Page 117 STAT. 2865]]
``(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 <<NOTE: Deadline.>> 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. <<NOTE: 50 USC app. 595.>> 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. <<NOTE: 50 USC app. 596.>> 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
[[Page 117 STAT. 2866]]
(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 <<NOTE: 26 USC 7654.>> 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. <<NOTE: Applicability. 50 USC app. 501 note.>> 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.
Approved December 19, 2003.
LEGISLATIVE HISTORY--H.R. 100 (S. 1136):
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HOUSE REPORTS: No. 108-81 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 108-197 accompanying S. 1136 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 7, considered and passed House.
Nov. 21, considered and passed Senate, amended, in lieu of
S. 1136.
Dec. 8, House concurred in Senate amendment.
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