dreamproit/uscode huggingface dataset:
(Title 50 Appendix)
§ 473. Regulations governing liquor sales; penalties
Subject to section 2683(c) of title 10, United States Code, the Secretary of Defense is authorized to make such regulations as he may deem to be appropriate governing the sale, consumption, possession of or traffic in beer, wine, or any other intoxicating liquors to or by members of the Armed Forces or the National Security Training Corps at or near any camp, station, post, or other place primarily occupied by members of the Armed Forces or the National Security Training Corps. Any person, corporation, partnership, or association who knowingly violates the regulations which may be made hereunder shall, unless otherwise punishable under the Uniform Code of Military Justice, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both.
(June 19, 1951, ch. 144, title I, § 6, 65 Stat. 88; Pub. L. 99–145, title XII, § 1224(b)(2), Nov. 8, 1985, 99 Stat. 729.)
heading: References in Text
text: The Uniform Code of Military Justice, referred to in text, is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
heading: Codification
text: Section was enacted as a part of the 1951 Amendments to the Universal Military Training and Service Act, and not as a part of the Military Selective Service Act, title I of which comprises sections 451 to 471a of this Appendix.
heading: Amendments
text: 1985—Pub. L. 99–145 substituted “Subject to section 2683(c) of title 10, United States Code, the” for “The”.
heading: Effective Date of 1985 Amendment
text: Amendment by Pub. L. 99–145 effective 90 days after Nov. 8, 1985, see section 1224(d) of Pub. L. 99–145, set out as a note under section 2683 of Title 10, Armed Forces.
(Title 50 Appendix)
§ 501. Short title
This Act [sections 501 to 515 and 516 to 597b of this Appendix] may be cited as the “Servicemembers Civil Relief Act”.
(Oct. 17, 1940, ch. 888, § 1(a), as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835.)
heading: Prior Provisions
text: A prior section 501, act Oct. 17, 1940, ch. 888, § 1, 54 Stat. 1178, provided that this Act could be cited as the Soldiers’ and Sailors’ Relief Act of 1940, prior to the general amendment of this Act by Pub. L. 108–189.
heading: Effective Date
text: Pub. L. 108–189, § 3, Dec. 19, 2003, 117 Stat. 2866, provided that: “The amendment made by section 1 [enacting sections 501 to 515 and 516 to 596 of this Appendix] shall apply to any case that is not final before the date of the enactment of this Act [Dec. 19, 2003].”
heading: Short Title of 2010 Amendment
text: Pub. L. 111–346, § 1, Dec. 29, 2010, 124 Stat. 3622, provided that: “This Act [amending provisions set out as a note under section 533 of this Appendix] may be cited as the ‘Helping Heroes Keep Their Homes Act of 2010’.”
heading: Short Title of 2009 Amendment
text: Pub. L. 111–97, § 1, Nov. 11, 2009, 123 Stat. 3007, provided that: “This Act [amending sections 568, 571, and 595 of this Appendix and enacting provisions set out as notes under sections 568, 571, and 595 of this Appendix] may be cited as the ‘Military Spouses Residency Relief Act’.”
heading: Short Title of 1991 Amendment
text: Pub. L. 102–12, § 1, Mar. 18, 1991, 105 Stat. 34, provided that: “This Act [enacting sections 518, 592, and 593 of this Appendix, amending sections 511 to 513, 515, 516, 525, 526, 530 to 532, 534, 535, 540 to 545, 547, 564 to 567, 570, 574, 580, 581, 584, and 591 of this Appendix and sections 2021 and 2024 of Title 38, Veterans’ Benefits, repealing section 548 of this Appendix, and enacting provisions set out as notes under sections 521 and 530 of this Appendix and sections 2021 and 2024 of Title 38] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1991’.”
heading: Short Title of 1942 Amendment
text: Act Oct. 6, 1942, ch. 581, § 1, 56 Stat. 769, provided: “That this Act [enacting sections 514 to 517, 526, 533 to 536, 574, and 590 of this Appendix and amending sections 513, 525, 530 to 532, 540 to 548, 560, 569, and 572 of this Appendix] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1942’.”
(Title 50 Appendix)
§ 502. Purpose
The purposes of this Act [sections 501 to 515 and 516 to 597b of this Appendix] 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.
(Oct. 17, 1940, ch. 888, § 2, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2836.)
(Title 50 Appendix)
§ 512. Jurisdiction and applicability of Act
(a) Jurisdiction
This Act [sections 501 to 515 and 516 to 597b of this Appendix] 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 [sections 501 to 515 and 516 to 597b of this Appendix] 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 [sections 501 to 515 and 516 to 597b of this Appendix] 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.
(Oct. 17, 1940, ch. 888, title I, § 102, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2837.)
heading: Prior Provisions
text: A prior section 512, acts Oct. 17, 1940, ch. 888, art. I, § 102, 54 Stat. 1179; Pub. L. 102–12, § 9(2), Mar. 18, 1991, 105 Stat. 39, related to territorial application, jurisdiction of courts, and form of procedure, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 513. Protection of persons secondarily liable
(a) Extension of protection when actions stayed, postponed, or suspended
Whenever pursuant to this Act [sections 501 to 515 and 516 to 597b of this Appendix] 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 [sections 501 to 515 and 516 to 597b of this Appendix], 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 [sections 501 to 515 and 516 to 597b of this Appendix] 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 [section 516 of this Appendix].
(Oct. 17, 1940, ch. 888, title I, § 103, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2838.)
heading: Prior Provisions
text: A prior section 513, acts Oct. 17, 1940, ch. 888, art. I, § 103, 54 Stat. 1179; Oct. 6, 1942, ch. 581, §§ 2, 3, 56 Stat. 769; Pub. L. 102–12, § 9(3), Mar. 18, 1991, 105 Stat. 39, related to protection of persons secondarily liable, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 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 [sections 501 to 515 and 516 to 597b of this Appendix] if that service with the allied force is similar to military service as defined in this Act. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.
(Oct. 17, 1940, ch. 888, title I, § 104, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.)
heading: Prior Provisions
text: A prior section 514, act Oct. 17, 1940, ch. 888, art. I, § 104, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to extension of benefits to citizens serving with forces of war allies, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 515. Notification of benefits
The Secretary concerned shall ensure that notice of the benefits accorded by this Act [sections 501 to 515 and 516 to 597b of this Appendix] is provided in writing to persons in military service and to persons entering military service.
(Oct. 17, 1940, ch. 888, title I, § 105, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.)
heading: Prior Provisions
text: A prior section 515, act Oct. 17, 1940, ch. 888, art. I, § 105, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770; amended Pub. L. 102–12, § 9(4), Mar. 18, 1991, 105 Stat. 39, related to notice of benefits to persons in and persons entering military service, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 515a. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act
(a) Outreach to members
The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).
(b) Time of provision
The information required to be provided under subsection (a) to a member shall be provided at the following times:
(1) During the initial orientation training of the member.
(2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year.
(3) At such other times as the Secretary concerned considers appropriate.
(c) Outreach to dependents
The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act.
(d) Definitions
In this section, the terms “dependent” and “Secretary concerned” have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 511).
(Pub. L. 109–163, div. A, title VI, § 690, Jan. 6, 2006, 119 Stat. 3337.)
heading: References in Text
text: The Servicemembers Civil Relief Act, referred to in subsecs. (a) and (c), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, which is classified to section 501 et seq. of this Appendix. For complete classification of this Act to the Code, see section 501 of this Appendix and Tables.
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2006, and not as part of the Servicemembers Civil Relief Act which comprises sections 501 to 515 and 516 to 597b of this Appendix.
(Title 50 Appendix)
§ 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 [sections 511 to 515, 516 to 519, 521 to 527, and 531 to 538 of this Appendix] 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 [sections 511 to 515, 516 to 519, 521 to 527, and 531 to 538 of this Appendix] 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).
(Oct. 17, 1940, ch. 888, title I, § 106, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.)
heading: References in Text
text: The Military Selective Service Act, referred to in subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is classified principally to section 451 et seq. of this Appendix. For complete classification of this Act to the Code, see References in Text note set out under section 451 of this Appendix and Tables.
heading: Prior Provisions
text: A prior section 516, act Oct. 17, 1940, ch. 888, art. I, § 106, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770; amended Pub. L. 102–12, § 9(5), Mar. 18, 1991, 105 Stat. 39, related to extension of benefits to persons ordered to report for induction or military service, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 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 [sections 501 to 515 and 516 to 597b of this Appendix]. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. 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) Prominent display of certain contract rights waivers
Any waiver in writing of a right or protection provided by this Act [sections 501 to 515 and 516 to 597b of this Appendix] that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.
(d) Coverage of periods after orders received
For the purposes of this section—
(1) a person to whom section 106 [section 516 of this Appendix] 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 [section 516 of this Appendix] shall be considered to be a period of military service.
(Oct. 17, 1940, ch. 888, title I, § 107, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108–454, title VII, § 702, Dec. 10, 2004, 118 Stat. 3624.)
heading: Prior Provisions
text: A prior section 517, act Oct. 17, 1940, ch. 888, art. I, § 107, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by Pub. L. 108–189.
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–454, § 702(1), inserted after first sentence: “Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies.”
Subsecs. (c), (d). Pub. L. 108–454, § 702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
(Title 50 Appendix)
§ 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 [sections 501 to 515 and 516 to 597b of this Appendix] 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.
(Oct. 17, 1940, ch. 888, title I, § 108, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840.)
heading: Prior Provisions
text: A prior section 518, act Oct. 17, 1940, ch. 888, art. I, § 108, as added Pub. L. 102–12, § 7, Mar. 18, 1991, 105 Stat. 38, related to the effect of certain future financial transactions on the exercise of rights, prior to the general amendment of this Act by Pub. L. 108–189.
(Title 50 Appendix)
§ 519. Legal representatives
(a) Representative
A legal representative of a servicemember for purposes of this Act [sections 501 to 515 and 516 to 597b of this Appendix] 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 [sections 501 to 515 and 516 to 597b of this Appendix], such term shall be treated as including a reference to a legal representative of the servicemember.
(Oct. 17, 1940, ch. 888, title I, § 109, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840.)
(Title 50 Appendix)
§ 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 [sections 501 to 515 and 516 to 597b of this Appendix], 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.
(Oct. 17, 1940, ch. 888, title II, § 203, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
heading: Prior Provisions
text: A prior section 523, act Oct. 17, 1940, ch. 888, art. II, § 203, 54 Stat. 1181, related to stay or vacation of execution of judgments and attachments, prior to the general amendment of this Act by Pub. L. 108–189. See section 524 of this Appendix.
(Title 50 Appendix)
§ 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.
(Oct. 17, 1940, ch. 888, title II, § 204, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
heading: Prior Provisions
text: A prior section 524, act Oct. 17, 1940, ch. 888, art. II, § 204, 54 Stat. 1181, related to duration and term of stays and codefendants not in service, prior to the general amendment of this Act by Pub. L. 108–189. See section 525 of this Appendix.