I
107TH CONGRESS
2D SESSION
H. R. 5111
To restate, clarify, and revise the Soldiers’ and Sailors’ Civil Relief Act
of 1940.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 2002
Mr. SMITH of New Jersey (for himself, Mr. EVANS, Mr. SIMPSON, and Mr.
REYES) introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs
A BILL
To restate, clarify, and revise the Soldiers’ and Sailors’ Civil
Relief Act of 1940.
Be it enacted by the Senate and House of Representa-
tives 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 fol-
lows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Servicemembers’ Civil Relief Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents
of this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Purpose.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Sec. 101. Definitions.
‘‘Sec. 102. Jurisdiction and applicability of Act.
‘‘Sec. 103. Protection of persons secondarily liable.
‘‘Sec. 104. Extension of protections to citizens serving with allied forces.
‘‘Sec. 105. Notification of benefits.
‘‘Sec. 106. Extension of rights and protections to Reserves ordered to report for
military service and to persons ordered to report for induction.
‘‘Sec. 107. Waiver of rights pursuant to written agreement.
‘‘Sec. 108. Exercise of rights under Act not to affect certain future financial
transactions.
‘‘Sec. 109. Legal representatives.
‘‘TITLE II—GENERAL RELIEF
‘‘Sec. 201. Protection of servicemembers against default judgments.
‘‘Sec. 202. Stay of proceedings when servicemember defendant has notice.
‘‘Sec. 203. Fines and penalties under contracts.
‘‘Sec. 204. Stay or vacation of execution of judgments, attachments, and gar-
nishments.
‘‘Sec. 205. Duration and term of stays; codefendants not in service.
‘‘Sec. 206. Statute of limitations.
‘‘Sec. 207. Maximum rate of interest on debts incurred before military service.
‘‘TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES,
LIENS, ASSIGNMENT, LEASES.
‘‘Sec. 301. Evictions and distress.
‘‘Sec. 302. Protection under installment contracts for purchase or lease.
‘‘Sec. 303. Mortgages and trust deeds.
‘‘Sec. 304. Settlement of stayed cases relating to personal property.
‘‘Sec. 305. Termination of leases by lessees.
‘‘Sec. 306. Protection of life insurance policy.
‘‘Sec. 307. Enforcement of storage liens.
‘‘Sec. 308. Extension of protections to dependents.
‘‘TITLE IV—INSURANCE
‘‘Sec. 401. Definitions.
‘‘Sec. 402. Insurance rights and protections.
‘‘Sec. 403. Application for insurance protection.
‘‘Sec. 404. Policies entitled to protection and lapse of policies.
‘‘Sec. 405. Policy restrictions.
‘‘Sec. 406. Deduction of unpaid premiums.
‘‘Sec. 407. Premiums and interest guaranteed by United States.
‘‘Sec. 408. Regulations.
‘‘Sec. 409. Review of findings of fact and conclusions of law.
‘‘TITLE V—TAXES AND PUBLIC LANDS
‘‘Sec. 501. Taxes respecting personal property, money, credits, and real prop-
erty.
‘‘Sec. 502. Rights in public lands.
‘‘Sec. 503. Desert-land entries.
‘‘Sec. 504. Mining claims.
‘‘Sec. 505. Mineral permits and leases.
‘‘Sec. 506. Perfection or defense of rights.
‘‘Sec. 507. Distribution of information concerning benefits of title.
‘‘Sec. 508. Land rights of servicemembers.
‘‘Sec. 509. Regulations.
‘‘Sec. 510. Income taxes.
‘‘Sec. 511. Residence for tax purposes.
‘‘TITLE VI—ADMINISTRATIVE REMEDIES
‘‘Sec. 601. Inappropriate use of Act.
‘‘Sec. 602. Certificates of service; persons reported missing.
‘‘Sec. 603. Interlocutory orders.
‘‘TITLE VII—FURTHER RELIEF
‘‘Sec. 701. Anticipatory relief.
‘‘Sec. 702. Power of attorney.
‘‘Sec. 703. Professional liability protection.
‘‘Sec. 704. Health insurance reinstatement.
‘‘Sec. 705. Guarantee of residency for military personnel.
‘‘SEC. 2. PURPOSE.
‘‘The purposes of this Act are—
‘‘(1) to provide for, strengthen, and expedite
the national defense through protection extended by
this Act to servicemembers of the United States to
enable such persons to devote their entire energy to
the defense needs of the Nation; and
‘‘(2) to provide for the temporary suspension of
judicial and administrative proceedings and trans-
actions that may adversely affect the civil rights of
servicemembers during their military service.
‘‘TITLE I—GENERAL PROVISIONS
‘‘SEC. 101. DEFINITIONS.
‘‘For the purposes of this Act:
‘‘(1) 
SERVICEMEMBER.—The 
term
‘servicemember’ means a member of the uniformed
services, as that term is defined in section 101(a)(5)
of title 10, United States Code.
‘‘(2) MILITARY SERVICE.—
‘‘(A) With respect to a member of the
Army, Navy, Air Force, Marine Corps, or Coast
Guard, the term ‘military service’ means active
duty, as that term is defined in section
101(d)(1) of title 10, United States Code.
‘‘(B) Active service of commissioned offi-
cers of the Public Health Service or National
Oceanic and Atmospheric Administration shall
be deemed to be ‘military service’ for the pur-
poses of this Act.
‘‘(3) PERIOD OF MILITARY SERVICE.—The term
‘period of military service’ means the period begin-
ning 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 imme-
diately 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 posses-
sion of the United States; and
‘‘(B) the District of Columbia.
‘‘(7) SECRETARY CONCERNED.—The term ‘Sec-
retary 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 offi-
cer of the Public Health Service, means the
Secretary of Health and Human Services; and
‘‘(C) with respect to a commissioned offi-
cer of the National Oceanic and Atmospheric
Administration, means the Secretary of Com-
merce.
‘‘SEC. 102. JURISDICTION AND APPLICABILITY OF ACT.
‘‘(a) JURISDICTION.—This Act applies to—
‘‘(1) the United States;
‘‘(2) each of the States, including the political
subdivisions thereof; and
‘‘(3) all territory subject to the jurisdiction of
the United States.
‘‘(b) APPLICABILITY TO PROCEEDINGS.—This Act
applies to any judicial or administrative proceeding com-
menced in any court or agency in any jurisdiction subject
to this Act. This Act does not apply to criminal pro-
ceedings.
‘‘(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 applica-
tion may be made to any court which would otherwise have
jurisdiction over the matter.
‘‘SEC. 103. PROTECTION OF PERSONS SECONDARILY LIA-
BLE.
‘‘(a) EXTENSION OF PROTECTION WHEN ACTIONS
STAYED, POSTPONED, OR SUSPENDED.—Whenever pur-
suant 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 en-
forcement 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 sur-
ety, 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 pri-
marily 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 sec-
ondarily 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 liabil-
ity with respect to which it applies.
‘‘(2) WAIVER
INVALIDATED
UPON
ENTRANCE
TO
MILITARY
SERVICE.—If a waiver under para-
graph (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 spec-
ified in section 106.
‘‘SEC. 104. EXTENSION OF PROTECTIONS TO CITIZENS
SERVING WITH ALLIED FORCES.
‘‘A citizen of the United States who is serving with
the forces of a nation with which the United States is al-
lied in the prosecution of a war or military action is enti-
tled to the relief and protections provided under this Act
if that service with the allied force is similar to military
service as defined in this Act. The relief and protections
provided to such citizen shall terminate on the date of dis-
charge or release from such service.
‘‘SEC. 105. NOTIFICATION OF BENEFITS.
‘‘The Secretary concerned shall ensure that notice of
the benefits accorded by this Act is provided in writing
to persons in military service and to persons entering mili-
tary service.
‘‘SEC. 106. EXTENSION OF RIGHTS AND PROTECTIONS TO
RESERVES ORDERED TO REPORT FOR MILI-
TARY SERVICE AND TO PERSONS ORDERED
TO REPORT FOR INDUCTION.
‘‘(a) RESERVES ORDERED TO REPORT FOR MILI-
TARY 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 re-
voked before the member so reports, or the date on which
the order is revoked).
‘‘(b) PERSONS ORDERED TO REPORT FOR INDUC-
TION.—A person who has been ordered to report for in-
duction under the Military Selective Service Act (50
U.S.C. App. 451 et seq.) is entitled to the rights and pro-
tections provided a servicemember under this title and ti-
tles II and III during the period beginning on the date
of receipt of the order for induction and ending on the
date on which the person reports for induction (or, if the
order to report for induction is revoked before the date
on which the person reports for induction, on the date on
which the order is revoked).
‘‘SEC. 107. WAIVER OF RIGHTS PURSUANT TO WRITTEN
AGREEMENT.
‘‘(a) IN GENERAL.—A servicemember may waive any
of the rights and protections provided by this Act. In the
case of a waiver that permits an action described in sub-
section (b), the waiver is effective only if made pursuant
to a written agreement of the parties that is executed dur-
ing 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 con-
cerned.
‘‘(b) ACTIONS REQUIRING WAIVERS IN WRITING.—
The requirement in subsection (a) for a written waiver ap-
plies to the following:
‘‘(1) The modification, termination, or cancella-
tion 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 RE-
CEIVED.—For the purposes of this section—
‘‘(1) a person to whom section 106 applies shall
be considered to be a servicemember; and
‘‘(2) the period with respect to such a person
specified in subsection (a) or (b), as the case may
be, of section 106 shall be considered to be a period
of military service.
‘‘SEC. 108. EXERCISE OF RIGHTS UNDER ACT NOT TO AF-
FECT CERTAIN FUTURE FINANCIAL TRANS-
ACTIONS.
‘‘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 fol-
lowing:
‘‘(1) A determination by a lender or other per-
son that the servicemember is unable to pay the civil
obligation or liability in accordance with its terms.
‘‘(2) With respect to a credit transaction be-
tween 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 credit-
worthiness 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 informa-
tion, identifying the servicemember as a member of
the National Guard or a reserve component.
‘‘(6) A change in the terms offered or condi-
tions required for the issuance of insurance.
‘‘SEC. 109. LEGAL REPRESENTATIVES.
‘‘(a) REPRESENTATIVE.—A legal representative of a
servicemember for purposes of this Act is either of the
following:
‘‘(1) An attorney acting on the behalf of a
servicemember.
‘‘(2) An individual possessing a power of attor-
ney.
‘‘(b) 
APPLICATION.—Whenever 
the 
term
‘servicemember’ is used in this Act, such term shall be
treated as including a reference to a legal representative
of the servicemember.
‘‘TITLE II—GENERAL RELIEF
‘‘SEC. 201. PROTECTION OF SERVICEMEMBERS AGAINST
DEFAULT JUDGMENTS.
‘‘(a) APPLICABILITY OF SECTION.—This section ap-
plies to any civil action or proceeding in which the defend-
ant does not make an appearance.
‘‘(b) AFFIDAVIT REQUIREMENT.—
‘‘(1) PLAINTIFF TO FILE AFFIDAVIT.—In any
action or proceeding covered by this section, the
court, before entering judgment for the plaintiff,
shall require the plaintiff to file with the court an
affidavit—
‘‘(A) stating whether or not the defendant
is in military service and showing necessary
facts to support the affidavit; or
‘‘(B) if the plaintiff is unable to determine
whether or not the defendant is in military
service, stating that the plaintiff is unable to
determine whether or not the defendant is in
military service.
‘‘(2) APPOINTMENT
OF
ATTORNEY
TO
REP-
RESENT 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, ac-
tions 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 af-
fidavits filed in such an action, the court is unable
to determine whether the defendant is in military
service, the court, before entering judgment, may re-
quire the plaintiff to file a bond in an amount ap-
proved 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 dam-
age the defendant may suffer by reason of any judg-
ment 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 sub-
division 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 AF-
FIDAVIT.—The requirement for an affidavit under
paragraph (1) may be satisfied by a statement, dec-
laration, verification, or certificate, in writing, sub-
scribed and certified or declared to be true under
penalty of perjury.
‘‘(c) PENALTY FOR MAKING OR USING FALSE AFFI-
DAVIT.—A person who makes or uses an affidavit per-
mitted 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 serv-
ice, the court shall grant a stay of proceedings for a min-
imum period of 90 days under this subsection upon appli-
cation 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 un-
able to contact the defendant or otherwise determine
if a meritorious defense exists.
‘‘(e) INAPPLICABILITY
OF SECTION 202 PROCE-
DURES.—A stay of proceedings under subsection (d) shall
not be controlled by procedures or requirements under sec-
tion 202.
‘‘(f) SECTION 202 PROTECTION.—If a servicemember
who is a defendant in an action covered by this section
receives actual notice of the action, the servicemember
may request a stay of proceeding under section 202.
‘‘(g) VACATION OR SETTING ASIDE OF DEFAULT
JUDGMENTS.—
‘‘(1) AUTHORITY FOR COURT TO VACATE OR
SET ASIDE JUDGMENT.—If a default judgment is en-
tered 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 de-
fend the action if it appears that—
‘‘(A) the servicemember was materially af-
fected by reason of that military service in mak-
ing a defense to the action; and
‘‘(B) the servicemember has a meritorious
or legal defense to the action or some part of
it.
‘‘(2) TIME FOR FILING APPLICATION.—An ap-
plication 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 ac-
tion shall not impair a right or title acquired by a bona
fide purchaser for value under the default judgment.
‘‘SEC. 202. STAY OF PROCEEDINGS WHEN SERVICEMEMBER
DEFENDANT HAS NOTICE.
‘‘(a) APPLICABILITY OF SECTION.—This section ap-
plies to any civil action or proceeding in which the defend-
ant 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 pro-
ceeding.
‘‘(b) AUTOMATIC STAY.—
‘‘(1) AUTHORITY FOR STAY.—At any stage be-
fore 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 ac-
tion for a period of not less than 90 days, if the con-
ditions in paragraph (2) are met.
‘‘(2) CONDITIONS FOR STAY.—An application
for a stay under paragraph (1) shall include the fol-
lowing:
‘‘(A) A letter or other communication set-
ting 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 con-
stitute a waiver of any substantive or procedural defense
(including a defense relating to lack of personal jurisdic-
tion).
‘‘(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 un-
available to prosecute or defend the action. The
same information required under subsection (b)(2)
shall be included in an application under this sub-
section.
‘‘(2) APPOINTMENT OF COUNSEL WHEN ADDI-
TIONAL
STAY
REFUSED.—If the court refuses to
grant an additional stay of proceedings under para-
graph (1), the court shall appoint counsel to rep-
resent the servicemember in the action or pro-
ceeding.
‘‘(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 pro-
tections of this section do not apply to section 301.
‘‘SEC. 203. FINES AND PENALTIES UNDER CONTRACTS.
‘‘(a) PROHIBITION OF PENALTIES.—When an action
for compliance with the terms of a contract is stayed pur-
suant 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 PEN-
ALTIES.—If a servicemember fails to perform an obliga-
tion 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 per-
form the obligation was materially affected by such
military service.
‘‘SEC. 204. STAY OR VACATION OF EXECUTION OF JUDG-
MENTS, ATTACHMENTS, AND GARNISHMENTS.
‘‘(a) COURT ACTION UPON MATERIAL AFFECT DE-
TERMINATION.—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 garnish-
ment of property, money, or debts in the possession
of the servicemember or a third party, whether be-
fore or after judgment.
‘‘(b) APPLICABILITY.—This section applies to an ac-
tion or proceeding commenced in a court against a
servicemember before or during the period of the
servicemember’s military service or within 60 days after
such service terminates.
‘‘SEC. 205. DURATION AND TERM OF STAYS; CODEFEND-
ANTS NOT IN SERVICE.
‘‘(a) PERIOD OF STAY.—A stay of an action, pro-
ceeding, 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 co-
defendant with others not in military service, the plaintiff
may proceed against the other defendants with the ap-
proval of the court.
‘‘(c) INAPPLICABILITY
OF SECTION.—This section
does not apply to sections 202 and 701.
‘‘SEC. 206. STATUTE OF LIMITATIONS.
‘‘(a) TOLLING OF STATUTES OF LIMITATION DURING
MILITARY SERVICE.—The period of a servicemember’s
military service may not be included in computing any pe-
riod 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 as-
signs.
‘‘(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 assess-
ment.
‘‘(c) INAPPLICABILITY
TO
INTERNAL
REVENUE
LAWS.—This section does not apply to any period of limi-
tation prescribed by or under the internal revenue laws
of the United States.
‘‘SEC. 207. MAXIMUM RATE OF INTEREST ON DEBTS IN-
CURRED BEFORE MILITARY SERVICE.
‘‘(a) INTEREST RATE LIMITATION.—
‘‘(1) 6-PERCENT LIMIT.—An obligation or liabil-
ity 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 joint-
ly, before the servicemember enters military service
shall not bear interest at a rate in excess of 6 per-
cent 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 per-
cent per year that would otherwise be incurred but
for the prohibition in paragraph (1) is forgiven.
‘‘(3) PREVENTION OF ACCELERATION OF PRIN-
CIPAL.—The portion of any periodic payments that
is allocated to principal under an obligation or liabil-
ity covered by this section may not be increased by
the lender above that specified in the original con-
tract with the servicemember.
‘‘(b) IMPLEMENTATION OF LIMITATION.—
‘‘(1) WRITTEN
NOTICE
TO
CREDITOR.—In
order 
for 
an 
obligation 
or 
liability 
of 
a
servicemember to be subject to the interest rate limi-
tation in subsection (a), the servicemember shall
provide to the creditor written notice and a copy of
the military orders calling the servicemember to mili-
tary service and any orders further extending mili-
tary 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 DEFINED.—As used in this section,
the term ‘interest’ means simple interest plus service
charges, renewal charges, fees, or any other charges (ex-
cept bona fide insurance) with respect to an obligation or
liability.
‘‘TITLE III—RENT, INSTALLMENT
CONTRACTS, 
MORTGAGES,
LIENS, ASSIGNMENT, LEASES
‘‘SEC. 301. EVICTIONS AND DISTRESS.
‘‘(a) COURT-ORDERED EVICTION.—Except by court
order, a landlord (or another person with paramount title)
may not—
‘‘(1) evict a servicemember, or the dependents
of a servicemember, during a period of military serv-
ice of the servicemember, from premises—
‘‘(A) that are occupied or intended to be
occupied primarily as a residence; and
‘‘(B) for which the monthly rent does not
exceed $1,700; or
‘‘(2) subject such premises to a distress during
the period of military service.
‘‘(b) STAY OF EXECUTION.—
‘‘(1) COURT AUTHORITY.—Upon an application
for eviction or distress with respect to premises cov-
ered by this section, the court may on its own mo-
tion 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, jus-
tice and equity require a longer or shorter pe-
riod 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 impris-
oned 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 allot-
ment shall be subject to regulations prescribed by the Sec-
retary concerned establishing the maximum amount of pay
of servicemembers that may be allotted under this sub-
section.
‘‘(e) LIMITATION OF APPLICABILITY.—Section 202 is
not applicable to this section.
‘‘SEC. 302. PROTECTION UNDER INSTALLMENT CONTRACTS
FOR PURCHASE OR LEASE.
‘‘(a) PROTECTION UPON BREACH OF CONTRACT.—
‘‘(1) PROTECTION AFTER ENTERING MILITARY
SERVICE.—After a servicemember enters military
service, a contract by the servicemember for—
‘‘(A) the purchase of real or personal prop-
erty; or
‘‘(B) the lease or bailment of such prop-
erty,
may not be rescinded or terminated for a breach of
terms of the contract occurring before or during that
person’s military service, nor may the property be
repossessed for such breach without a court order.
‘‘(2) APPLICABILITY.—This section applies only
to a contract for which a deposit or installment has
been 
paid 
by 
the 
servicemember 
before 
the
servicemember enters military service.
‘‘(b) PENALTIES.—
‘‘(1) MISDEMEANOR.—A person who knowingly
resumes possession of property in violation of sub-
section (a), or in violation of section 108 of this Act,
or who knowingly attempts to do so, shall be fined
as provided in title 18, United States Code, or im-
prisoned 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 avail-
able 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 install-
ments or deposits as a condition of terminating the
contract and resuming possession of the property;
‘‘(2) may, on its own motion, and shall on ap-
plication 
by 
a 
servicemember 
when 
the
servicemember’s ability to comply with the contract
is materially affected by military service, stay the
proceedings for a period of time as, in the opinion
of the court, justice and equity require; or
‘‘(3) may make other disposition as is equitable
to preserve the interests of all parties.
‘‘SEC. 303. MORTGAGES AND TRUST DEEDS.
‘‘(a) MORTGAGE AS SECURITY.—This section applies
only to an obligation on real or personal property owned
by a servicemember that—
‘‘(1) originated before the period of the
servicemember’s military service and for which the
servicemember is still obligated; and
‘‘(2) is secured by a mortgage, trust deed, or
other security in the nature of a mortgage.
‘‘(b) STAY OF PROCEEDINGS AND ADJUSTMENT OF
OBLIGATION.—In an action filed during, or within 90 days
after, a servicemember’s period of military service to en-
force 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 inter-
ests 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 with-
in 90 days after, the period of the servicemember’s mili-
tary service except—
‘‘(1) upon a court order granted before such
sale, foreclosure, or seizure with a return made and
approved by the court; or
‘‘(2) if made pursuant to an agreement as pro-
vided in section 108.
‘‘(d) PENALTIES.—
‘‘(1) MISDEMEANOR.—A person who knowingly
makes or causes to be made a sale, foreclosure, or
seizure of property that is prohibited by subsection
(c), or who knowingly attempts to do so, shall be
fined as provided in title 18, United States Code, or
imprisoned for not more than one year, or both.
‘‘(2) PRESERVATION OF OTHER REMEDIES.—
The remedies and rights provided under this section
are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under
law to the person claiming relief under this section,
including consequential and punitive damages.
‘‘SEC. 304. SETTLEMENT OF STAYED CASES RELATING TO
PERSONAL PROPERTY.
‘‘(a) APPRAISAL
OF PROPERTY.—When a stay is
granted pursuant to this Act in a proceeding to foreclose
a mortgage on or to repossess personal property, or to re-
scind or terminate a contract for the purchase of personal
property, the court may appoint three disinterested parties
to appraise the property.
‘‘(b) EQUITY PAYMENT.—Based on the appraisal,
and if undue hardship to the servicemember’s dependents
will not result, the court may order that the amount of
the servicemember’s equity in the property be paid to the
servicemember, or the servicemember’s dependents, as a
condition of foreclosing the mortgage, repossessing the
property, or rescinding or terminating the contract.
‘‘SEC. 305. TERMINATION OF LEASES BY LESSEES.
‘‘(a) COVERED LEASES.—This section applies to the
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—
‘‘(1) the lease is executed by or on behalf of a
person who thereafter and during the term of the
lease enters military service; or
‘‘(2) the servicemember, while in military serv-
ice, executes a lease and thereafter receives military
orders for a permanent change of station or to de-
ploy with a military unit for a period of not less
than 90 days.
‘‘(b) NOTICE TO LESSOR.—
‘‘(1) DELIVERY OF NOTICE.—A lease described
in subsection (a) is terminated when written notice
is delivered by the lessee to the lessor (or the lessor’s
grantee) or to the lessor’s agent (or the agent’s
grantee).
‘‘(2) TIME
FOR
NOTICE.—The written notice
may be delivered at any time after the lessee’s entry
into military service or the date of the military or-
ders for a permanent change of station or to deploy
for a period of not less than 90 days.
‘‘(3) NATURE
OF
NOTICE.—Delivery 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 addressed
to the lessor (or the lessor’s grantee) or to the
lessor’s agent (or the agent’s grantee) and de-
positing the written notice in the United States
mails.
‘‘(c) EFFECTIVE DATE OF TERMINATION.—
‘‘(1) LEASE
WITH
MONTHLY
RENT.—Termi-
nation of a lease providing for monthly payment of
rent shall be effective 30 days after the first date on
which the next rental payment is due and payable
after the date on which the notice is delivered.
‘‘(2) OTHER LEASE.—All other leases terminate
on the last day of the month following the month in
which the notice is delivered.
‘‘(d) ARREARAGES IN RENT.—Rents unpaid for the
period preceding termination shall be paid on a prorated
basis.
‘‘(e) RENT PAID IN ADVANCE.—Rents paid in ad-
vance for a period succeeding termination shall be re-
funded to the lessee by the lessor (or the lessor’s assignee
or the assignee’s agent).
‘‘(f) 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 re-
quire.
‘‘(g) PENALTIES.—
‘‘(1) MISDEMEANOR.—Any person who know-
ingly seizes, holds, or detains the personal effects,
security 
deposit, 
or 
other 
property 
of 
a
servicemember or a servicemember’s dependent who
lawfully terminates a lease covered by this section,
or who knowingly interferes with the removal of such
property from premises covered by such lease, for
the purpose of subjecting or attempting to subject
any of such property to a claim for rent accruing
subsequent to the date of termination of such lease,
or attempts to do so, shall be fined as provided in
title 18, United States Code, or imprisoned for not
more than one year, or both.
‘‘(2) PRESERVATION OF OTHER REMEDIES.—
The remedy and rights provided under this section
are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under
law to the person claiming relief under this section,
including any award for consequential or punitive
damages.
‘‘SEC. 306. PROTECTION OF LIFE INSURANCE POLICY.
‘‘(a) ASSIGNMENT OF POLICY PROTECTED.—If a life
insurance policy on the life of a servicemember is assigned
before military service to secure the payment of an obliga-
tion, the assignee of the policy (except the insurer in con-
nection with a policy loan) may not exercise, during a pe-
riod 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 sub-
section (a)(1);
‘‘(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 AF-
FECT.—A court which receives an application for an order
required under subsection (a) may refuse to grant such
order if the court determines the ability of the
servicemember to comply with the terms of the obligation
is materially affected by military service.
‘‘(d) TREATMENT
OF GUARANTEED PREMIUMS.—
For purposes of this subsection, premiums guaranteed
under the provisions of title IV of this Act shall not be
considered due and unpaid.
‘‘(e) PENALTIES.—
‘‘(1) MISDEMEANOR.—A person who knowingly
takes an action contrary to this section, or attempts
to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more
than one year, or both.
‘‘(2) PRESERVATION OF OTHER REMEDIES.—
The remedy and rights provided under this section
are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under
law to the person claiming relief under this section,
including any consequential or punitive damages.
‘‘SEC. 307. ENFORCEMENT OF STORAGE LIENS.
‘‘(a) LIENS.—
‘‘(1) LIMITATION
ON
FORECLOSURE
OR
EN-
FORCEMENT.—A person holding a lien on the prop-
erty 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 ef-
fects 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 mili-
tary service—
‘‘(1) stay the proceeding for a period of time as
justice and equity require; or
‘‘(2) adjust the obligation to preserve the inter-
ests of all parties.
The provisions of this subsection do not affect the scope
of section 303.
‘‘(c) PENALTIES.—
‘‘(1) MISDEMEANOR.—A person who knowingly
takes an action contrary to this section, or attempts
to do so, shall be fined as provided in title 18,
United States Code, or imprisoned for not more
than one year, or both.
‘‘(2) PRESERVATION OF OTHER REMEDIES.—
The remedy and rights provided under this section
are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under
law to the person claiming relief under this section,
including any consequential or punitive damages.
‘‘SEC. 308. EXTENSION OF PROTECTIONS TO DEPENDENTS.
‘‘Upon application to a court, a dependent of a
servicemember is entitled to the protections of this title
if the dependent’s ability to comply with a lease, contract,
bailment, or other obligation is materially affected by rea-
son of the servicemember’s military service.
‘‘TITLE IV—INSURANCE
‘‘SEC. 401. DEFINITIONS.
‘‘For the purposes of this title:
‘‘(1) POLICY.—The term ‘policy’ means any
contract for whole, endowment, universal, or term
life insurance, including any benefit in the nature of
such insurance arising out of membership in any
fraternal or beneficial association which—
‘‘(A) provides that the insurer may not—
‘‘(i) decrease the amount of coverage
or increase the amount of premiums if the
insured is in military service; or
‘‘(ii) limit or restrict coverage for any
activity required by military service; and
‘‘(B) is in force not less than 180 days be-
fore the date of the insured’s entry into military
service and at the time of application under this
title.
‘‘(2) PREMIUM.—The term ‘premium’ means
the amount specified in an insurance policy to be
paid to keep the policy in force.
‘‘(3) INSURED.—The term ‘insured’ means a
servicemember whose life is insured under a policy.
‘‘(4) INSURER.—The term ‘insurer’ includes
any firm, corporation, partnership, association, or
business that is chartered or authorized to provide
insurance and issue contracts or policies by the laws
of a State or the United States.
‘‘SEC. 402. INSURANCE RIGHTS AND PROTECTIONS.
‘‘(a) RIGHTS AND PROTECTIONS.—The rights and
protections under this title apply to the insured when the
insured, the insured’s designee, or the insured’s bene-
ficiary 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 Sec-
retary of Veterans Affairs shall notify the Secretary con-
cerned of the procedures to be used to apply for the pro-
tections 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 max-
imum limit, whichever is greater, regardless of the number
of policies submitted.
‘‘SEC. 403. APPLICATION FOR INSURANCE PROTECTION.
‘‘(a) APPLICATION PROCEDURE.—An application for
protection under this title shall—
‘‘(1) be in writing and signed by the insured,
the insured’s designee, or the insured’s beneficiary,
as the case may be;
‘‘(2) identify the policy and the insurer; and
‘‘(3) include an acknowledgement that the in-
sured’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 deter-
mine if the policy is entitled to protection under this title.
‘‘(c) NOTICE
TO
THE SECRETARY
BY
THE IN-
SURED.—Upon receipt of the application of the insured,
the insurer shall furnish a report concerning the policy
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, with-
drawal of dividend accumulation, unearned premiums, or
other value of similar character may not be available to
the insured without the approval of the Secretary. The
right of the insured to change a beneficiary designation
or select an optional settlement for a beneficiary shall not
be affected by the provisions of this title.
‘‘SEC. 406. DEDUCTION OF UNPAID PREMIUMS.
‘‘(a) SETTLEMENT OF PROCEEDS.—If a policy ma-
tures 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 pre-
miums 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 de-
ducted under this section, if any, shall be reported by the
insurer to the Secretary of Veterans Affairs.
‘‘SEC. 407. PREMIUMS AND INTEREST GUARANTEED BY
UNITED STATES.
‘‘(a) GUARANTEE OF PREMIUMS AND INTEREST BY
THE UNITED STATES.—
‘‘(1) GUARANTEE.—Payment of premiums, and
interest on premiums at the rate specified in section
406, which become due on a policy under the protec-
tion 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 expira-
tion 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 ter-
mination, the United States shall pay the insurer the
difference between the amount due and the cash sur-
render 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 col-
lected 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
BANK-
RUPTCY.—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 cred-
ited to the appropriation for the payment of claims under
this title.
‘‘SEC. 408. REGULATIONS.
‘‘The Secretary of Veterans Affairs shall prescribe
regulations for the implementation of this title.
‘‘SEC. 409. REVIEW OF FINDINGS OF FACT AND CONCLU-
SIONS OF LAW.
‘‘The findings of fact and conclusions of law made
by the Secretary of Veterans Affairs in administering this
title may be reviewed by the Board of Veterans’ Appeals
and the United States Court of Appeals for Veterans
Claims.
‘‘TITLE V—TAXES AND PUBLIC
LANDS
‘‘SEC. 501. TAXES RESPECTING PERSONAL PROPERTY,
MONEY, CREDITS, AND REAL PROPERTY.
‘‘(a) APPLICATION.—This section applies in any case
in which a tax or assessment, whether general or special
(other than a tax on personal income), falls due and re-
mains unpaid before or during a period of military service
with respect to a servicemember’s—
‘‘(1) personal property; or
‘‘(2) real property occupied for dwelling, profes-
sional, business, or agricultural purposes by a
servicemember or the servicemember’s dependents or
employees—
‘‘(A) before the servicemember’s entry into
military service; and
‘‘(B) during the time the tax or assessment
remains unpaid.
‘‘(b) SALE OF PROPERTY.—
‘‘(1) LIMITATION ON SALE OF PROPERTY TO
ENFORCE TAX ASSESSMENT.—Property described in
subsection (a) may not be sold to enforce the collec-
tion of such tax or assessment except by court order
and upon the determination by the court that mili-
tary 
service 
does 
not 
materially 
affect 
the
servicemember’s ability to pay the unpaid tax or as-
sessment.
‘‘(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 sub-
section (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 con-
strued to shorten any period provided by the law of a State
(including any political subdivision of a State) for redemp-
tion.
‘‘(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 inter-
est until paid at the rate of 6 percent per year. An addi-
tional penalty or interest shall not be incurred by reason
of nonpayment. A lien for such unpaid tax or assessment
may include interest under this subsection.
‘‘(e) JOINT OWNERSHIP APPLICATION.—This section
applies to all forms of property described in subsection (a)
owned individually by a servicemember or jointly by a
servicemember and a dependent or dependents.
‘‘SEC. 502. RIGHTS IN PUBLIC LANDS.
‘‘(a) RIGHTS NOT FORFEITED.—The rights of a
servicemember to lands owned or controlled by the United
States, and initiated or acquired by the servicemember
under the laws of the United States (including the mining
and mineral leasing laws) before military service, shall not
be forfeited or prejudiced as a result of being absent from
the land, or by failing to begin or complete any work or
improvements to the land, during the period of military
service.
‘‘(b) TEMPORARY SUSPENSION OF PERMITS OR LI-
CENSES.—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 li-
cense 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 suspen-
sion.
‘‘SEC. 503. DESERT-LAND ENTRIES.
‘‘(a) DESERT-LAND RIGHTS NOT FORFEITED.—A
desert-land entry made or held under the desert-land laws
before the entrance of the entryman or the entryman’s
successor in interest into military service shall not be sub-
ject 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 re-
lease from military service; or
‘‘(3) during any period of hospitalization or re-
habilitation due to an injury or disability incurred in
the line of duty.
The time within which the entryman or claimant is re-
quired 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 un-
able to accomplish reclamation of, and payment for, desert
land due to a disability incurred in the line of duty, the
entryman or claimant may make proof without further
reclamation or payments, under regulations prescribed by
the Secretary of the Interior, and receive a patent for the
land entered or claimed.
‘‘(c) FILING REQUIREMENT.—In order to obtain the
protection of this section, the entryman or claimant shall,
within 180 days after entry into military service, cause
to be filed in the land office of the district where the claim
is situated a notice communicating the fact of military
service and the desire to hold the claim under this section.
‘‘SEC. 504. MINING CLAIMS.
‘‘(a) REQUIREMENTS SUSPENDED.—The provisions
of section 2324 of the Revised Statutes of the United
States (30 U.S.C. 28) specified in subsection (b) shall not
apply to a servicemember’s claims or interests in claims,
regularly located and recorded, during a period of military
service and 180 days thereafter, or during any period of
hospitalization or rehabilitation due to injuries or disabil-
ities 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 re-
corded shall not be subject to forfeiture for nonperform-
ance of annual assessments during the period of military
service and for 180 days thereafter, or for any period of
hospitalization or rehabilitation described in subsection
(a).
‘‘(d) FILING REQUIREMENT.—In order to obtain the
protections of this section, the claimant of a mining loca-
tion shall, before the end of the assessment year in which
military service is begun or within 60 days after the end
of such assessment year, cause to be filed in the office
where the location notice or certificate is recorded a notice
communicating the fact of military service and the desire
to hold the mining claim under this section.
‘‘SEC. 505. MINERAL PERMITS AND LEASES.
‘‘(a) SUSPENSION DURING MILITARY SERVICE.—A
person holding a permit or lease on the public domain
under the Federal mineral leasing laws who enters mili-
tary service may suspend all operations under the permit
or lease for the duration of military service and for 180
days thereafter. The term of the permit or lease shall not
run during the period of suspension, nor shall any rental
or royalties be charged against the permit or lease during
the period of suspension.
‘‘(b) NOTIFICATION.—In order to obtain the protec-
tion of this section, the permittee or lessee shall, within
180 days after entry into military service, notify the Sec-
retary of the Interior by registered mail of the fact that
military service has begun and of the desire to hold the
claim under this section.
‘‘(c) CONTRACT MODIFICATION.—This section shall
not be construed to supersede the terms of any contract
for operation of a permit or lease.
‘‘SEC. 506. PERFECTION OR DEFENSE OF RIGHTS.
‘‘(a) RIGHT TO TAKE ACTION NOT AFFECTED.—
This title shall not affect the right of a servicemember to
take action during a period of military service that is au-
thorized 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 regu-
lation of the Department of the Interior in connec-
tion with the entry, perfection, defense, or further
assertion of rights initiated or acquired before enter-
ing military service before an officer authorized to
provide notary services under section 1044a of title
10, United States Code, or any superior commis-
sioned officer.
‘‘(2) LEGAL STATUS OF AFFIDAVITS.—Such af-
fidavits shall be binding in law and subject to the
same penalties as prescribed by section 1001 of title
18, United State Code.
‘‘SEC. 507. DISTRIBUTION OF INFORMATION CONCERNING
BENEFITS OF TITLE.
‘‘(a) DISTRIBUTION
OF
INFORMATION
BY
SEC-
RETARY CONCERNED.—The Secretary concerned shall
issue to servicemembers information explaining the provi-
sions of this title.
‘‘(b) APPLICATION
FORMS.—The Secretary con-
cerned shall provide application forms to servicemembers
requesting relief under this title.
‘‘(c) INFORMATION FROM SECRETARY OF THE INTE-
RIOR.—The Secretary of the Interior shall furnish to the
Secretary concerned information explaining the provisions
of this title (other than sections 501, 510, and 511) and
related application forms.
‘‘SEC. 508. LAND RIGHTS OF SERVICEMEMBERS.
‘‘(a) NO AGE LIMITATIONS.—Any servicemember
under the age of 21 in military service shall be entitled
to the same rights under the laws relating to lands owned
or controlled by the United States, including mining and
mineral leasing laws, as those servicemembers who are 21
years of age.
‘‘(b) RESIDENCY REQUIREMENT.—Any requirement
related to the establishment of a residence within a limited
time shall be suspended as to entry by a servicemember
in military service until 180 days after termination of or
release from military service.
‘‘(c) ENTRY APPLICATIONS.—Applications for entry
may be verified before a person authorized to administer
oaths under section 1044a of title 10, United States Code,
or under the laws of the State where the land is situated.
‘‘SEC. 509. REGULATIONS.
‘‘The Secretary of the Interior may issue regulations
necessary to carry out this title (other than sections 501,
510, and 511).
‘‘SEC. 510. INCOME TAXES.
‘‘(a) DEFERRAL OF TAX.—Upon notice to the Inter-
nal 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 in-
terest 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 sus-
pended for the period of military service of the
servicemember and for an additional period of 270 days
thereafter.
‘‘(d) APPLICATION LIMITATION.—This section shall
not apply to the tax imposed on employees by section 3101
of the Internal Revenue Code of 1986.
‘‘SEC. 511. RESIDENCE FOR TAX PURPOSES.
‘‘(a) RESIDENCE OR DOMICILE.—A servicemember
shall neither lose nor acquire a residence or domicile for
purposes of taxation with respect to the person, personal
property, or income of the servicemember by reason of
being absent or present in any tax jurisdiction of the
United States solely in compliance with military orders.
‘‘(b) MILITARY
SERVICE
COMPENSATION.—Com-
pensation 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 com-
pliance with military orders.
‘‘(c) PERSONAL PROPERTY.—
‘‘(1) RELIEF
FROM
PERSONAL
PROPERTY
TAXES.—The personal property of a servicemember
shall not be deemed to be located or present in, or
to have a situs for taxation in, the tax jurisdiction
in which the servicemember is serving in compliance
with military orders.
‘‘(2) EXCEPTION FOR PROPERTY WITHIN MEM-
BER’S DOMICILE OR RESIDENCE.—This subsection
applies to personal property or its use within any tax
jurisdiction other than the servicemember’s domicile
or residence.
‘‘(3) EXCEPTION
FOR
PROPERTY
USED
IN
TRADE OR BUSINESS.—This section does not prevent
taxation by a tax jurisdiction with respect to per-
sonal 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 prop-
erty 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 jurisdic-
tion may not use the military compensation of a non-
resident servicemember to increase the tax liability im-
posed 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 Fed-
eral Indian reservation shall be taxed by the laws applica-
ble 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 ‘per-
sonal property’ means intangible and tangible prop-
erty (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 juris-
diction’ means a State or a political subdivision of
a State.
‘‘TITLE VI—ADMINISTRATIVE
REMEDIES
‘‘SEC. 601. INAPPROPRIATE USE OF ACT.
‘‘If a court determines, in any proceeding to enforce
a civil right, that any interest, property, or contract has
been transferred or acquired with the intent to delay the
just enforcement of such right by taking advantage of this
Act, the court shall enter such judgment or make such
order as might lawfully be entered or made concerning
such transfer or acquisition.
‘‘SEC. 602. CERTIFICATES OF SERVICE; PERSONS RE-
PORTED MISSING.
‘‘(a) PRIMA FACIE EVIDENCE.—In any proceeding
under this Act, a certificate signed by the Secretary con-
cerned 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 per-
son 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 termi-
nation of or release from military service, or the per-
son’s death during military service.
‘‘(b) CERTIFICATES.—The Secretary concerned shall
furnish a certificate under subsection (a) upon receipt of
an application for such a certificate. A certificate appear-
ing 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 miss-
ing is presumed to continue in service until accounted for.
A requirement under this Act that begins or ends with
the death of a servicemember does not begin or end until
the servicemember’s death is reported to, or determined
by, the Secretary concerned or by a court of competent
jurisdiction.
‘‘SEC. 603. INTERLOCUTORY ORDERS.
‘‘An interlocutory order issued by a court under this
Act may be revoked, modified, or extended by that court
upon its own motion or otherwise, upon notification to af-
fected parties as required by the court.
‘‘TITLE VII—FURTHER RELIEF
‘‘SEC. 701. ANTICIPATORY RELIEF.
‘‘(a) APPLICATION FOR RELIEF.—A servicemember
may, during military service or within 180 days of termi-
nation 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 mili-
tary service; or
‘‘(2) from a tax or assessment falling due be-
fore 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 obli-
gation or liability or pay such tax or assessment has been
materially affected by reason of military service, after ap-
propriate 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 pur-