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 per-
son referred to in subsection (a) and who is covered 
by the same professional liability insurance as a per-
son referred to in such subsection; or 
‘‘(2) relieve any person of the obligation to pay 
premiums for the coverage not required to be sus-
pended. 
‘‘(f) STAY OF CIVIL OR ADMINISTRATIVE ACTIONS.—
‘‘(1) STAY OF ACTIONS.—A civil or administra-
tive action for damages on the basis of the alleged 
professional negligence or other professional liability 
of a servicemember whose professional liability insur-
ance coverage has been suspended under subsection (b) 
shall be stayed until the end of the period of the sus-
pension if—
‘‘(A) the action was commenced during the 
period of the suspension;
‘‘(B) the action is based on an act or omis-
sion that occurred before the date on which the 
suspension became effective; and 
‘‘(C) the suspended professional liability in-
surance would, except for the suspension, on its 
face cover the alleged professional negligence or 
other professional liability negligence or other 
professional liability of the servicemember. 
‘‘(2) DATE
OF
COMMENCEMENT
OF
ACTION.—
Whenever a civil or administrative action for dam-
ages 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 PE-
RIOD.—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 insur-
ance 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 cov-
erage is suspended under subsection (b) dies during the pe-
riod of the suspension—
‘‘(1) the requirement for the grant or continu-
ance 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 in-
surance so suspended shall be liable for any claim for 
damages for professional negligence or other profes-
sional 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) The term ‘active duty’ has the meaning 
given that term in section 101(d)(1) of title 10, 
United States Code. 
‘‘(2) The term ‘profession’ includes occupation. 
‘‘(3) The term ‘professional’ includes occupa-
tional. 
‘‘SEC. 704. HEALTH INSURANCE REINSTATEMENT. 
‘‘(a) REINSTATEMENT
OF HEALTH INSURANCE.—A 
servicemember who, by reason of military service as defined
in section 703(a)(1), is entitled to the rights and protections 
of this Act shall also be entitled upon termination or release 
from such service to reinstatement of any health insurance 
that—
‘‘(1) was in effect on the day before such service 
commenced; and 
‘‘(2) was terminated effective on a date during 
the period of such service. 
‘‘(b) NO EXCLUSION OR WAITING PERIOD.—The rein-
statement of health care insurance coverage for the health 
or physical condition of a servicemember described in sub-
section (a), or any other person who is covered by the insur-
ance 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 pe-
riod of such service; 
‘‘(2) an exclusion or a waiting period would not 
have been imposed for the condition during the period 
of coverage; and
‘‘(3) if the condition relates to the servicemember, 
the condition has not been determined by the Sec-
retary of Veterans Affairs to be a disability incurred 
or aggravated in the line of duty (within the meaning 
of section 105 of title 38, United States Code).
‘‘(c) EXCEPTIONS.—Subsection (a) does not apply to 
a servicemember entitled to participate in employer-offered 
insurance benefits pursuant to the provisions of chapter 43 
of title 38, United States Code. 
‘‘(d) TIME FOR APPLYING FOR REINSTATEMENT.—An 
application under this section must be filed not later than 
120 days after the date of the termination of or release from 
military service. 
‘‘SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PER-
SONNEL. 
‘‘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 mili-
tary or naval orders shall not, solely by reason of that ab-
sence—
‘‘(1) be deemed to have lost a residence or domi-
cile 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. 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 ben-
efits provided by sections 104, 105, and 106, title 
IV, and title V (other than sections 501 and 510) 
of such Act’’; and 
(B) in paragraph (2)(A), by striking ‘‘per-
son in the military service’’ and inserting 
‘‘servicemember’’. 
(c) TITLE
10, UNITED
STATES
CODE.—Section 
1408(b)(1)(D) of title 10, United States Code, is amended
by striking ‘‘Soldiers’ and Sailors’ Civil Relief Act of 1940’’ 
and inserting ‘‘Servicemembers Civil Relief Act’’. 
(d) INTERNAL REVENUE CODE.—Section 7654(d)(1) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘Soldiers’ and Sailors’ Civil Relief Act’’ and inserting 
‘‘Servicemembers Civil Relief Act’’. 
(e) PUBLIC HEALTH SERVICE ACT.—Section 212(e) of 
the Public Health Service Act (42 U.S.C. 213(e)) is amend-
ed 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 Re-
lief Act of 1940 (50 U.S.C. App. 574)’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘section 511 of the 
Servicemembers Civil Relief Act’’. 
SEC. 3. EFFECTIVE DATE. 
The amendment made by section 1 shall apply to any 
case that is not final before the date of the enactment of 
this Act.
Union Calendar No. 45
108TH CONGRESS 
1ST SESSION 
H. R. 100
[Report No. 108–81] 
A BILL 
To restate, clarify, and revise the Soldiers’ and 
Sailors’ Civil Relief Act of 1940. 
APRIL 30, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed