Soldiers' and Sailors' Civil Relief Act Amendments of 1991
PL 102-12 (H.R.555), enacted 03/18/1991

105 STAT. 34 
PUBLIC LAW 102-12—MAR. 18, 1991 
Public Law 102-12 
102d Congress 
An Act 
Mar. 18, 1991 
[H.R. 555] 
Soldiers' and 
Sailors' Civil 
Relief Act 
Amendments of 
1991. 
50 u s e app. 
501 note. 
50 u s e app. 
530 note. 
50 u s e app. 
592. 
To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to improve and clarify the 
protections provided by that Act; to amend title 38, United States Code, to clarify 
veterans' reemployment rights and to improve veterans' rights to reinstatement of 
health insurance, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Soldiers' and Sailors' Civil Relief 
Act Amendments of 1991". 
SEC. 2. EVICTION AND DISTRESS DURING MILITARY SERVICE. 
(a) INCREASED MAXIMUM RENTAL AMOUNT FOR APPLICABILITY OF 
STAY.—Section 300 of the Soldiers' and Sailors' Civil Relief Act of 
1940 (50 U.S.C. App. 530) is amended by striking out "$150" in 
subsection (1) and inserting in lieu thereof "$1,200". 
(b) TECHNICAL AMENDMENTS.—Such section is further amended— 
(1) by redesignating subsections (1), (2), (3), and (4) as subsec-
tions (a), (b), (c), and (d), respectively; and 
(2) in subsection (c), as so redesignated, by striking out 
"subsection (1) hereof and inserting in lieu thereof "subsection 
(a)". 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
applies to actions for eviction or distress that are commenced after 
July 31,1990. 
SEC. 3. EXTENSION OF POWER OF ATTORNEY PROTECTION. 
Subsection (c) of section 701 of the Soldiers' and Sailors' Civil 
Relief Act of 1940 (50 U.S.C. App. 591) is amended to read as follows: 
"(c) This section applies to the following powers of attorney 
executed by a person in military service or under a call or order to 
report for military service (or who has been advised by an official of 
the Department of Defense that such person may receive such a call 
or order): 
"(1) A power of attorney that is executed during the Vietnam 
era (as defined in section 101(29) of title 38, United States Code). 
"(2) A power of attorney that expires by its terms after 
July 31, 1990.". 
SEC. 4. PROFESSIONAL LIABILITY PROTECTION FOR CERTAIN PERSONS 
ORDERED TO ACTIVE DUTY IN THE ARMED FORCES. 
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 is 
amended by adding at the end the following new section: 
"SEC. 702. (a) This section applies to a person who— 
"(1) after July 31, 1990, is ordered to active duty (other than 
for training) pursuant to section 672 (a) or (g), 673, 673b, 674, 
675, or 688 of title 10, United States Code, or who is ordered to 
active duty under section 672(d) of such title during a period 
PUBLIC LAW 102-12—MAR. 18, 1991 
105 STAT. 35 
when members are on active duty pursuant to any of the 
preceding sections; W d 
"(2) immediately before receiving the order to active duty— 
"(A) was engaged in the furnishing of health-care services 
or other services determined by the Secretary of Defense to 
be professional services; and 
(B) had in effect a professional liability insurance policy 
that does not continue to cover claims filed with respect to 
such person during the period of the person's active duty 
unless the premiums are paid for such coverage for such 
period. 
"(bXl) Coverage of a person referred to in subsection (a) by a 
professional liability insurance policy shall be suspended in accord-
ance with this subsection upon receipt of the written request of such 
person by the insurance carrier. 
"(2) A professional liability insurance carrier— 
"(A) may not require that premiums be paid by or on behalf of 
a person for any professional liability insurance coverage sus-
pended pursuant to paragraph (1); and 
"(B) shall refund any amount paid for coverage for the period 
of such suspension or, upon the election of such person, apply 
such amount for the payment of any premium becoming due 
upon the reinstatement of such coverage. 
"(3) A professional liability insurance carrier shall not be liable 
with respect to any claim that is based on professional conduct 
(including any fgiilure to take any action in a professional capacity) 
of a person that occurs during a period of suspension of that person's 
professional liability insurance under this subsection. For the pur-
poses of the preceding sentence, a claim based upon the failure of a 
professional to make adequate provision for patients to be cared for 
during the period of the professional's active duty service shall be 
considered to be based on an action or failure to take action before 
the beginning of the period of suspension of professional liability 
insurance under this subsection, except in a case in which profes-
sional services were provided after the date of the beginning of such 
period. 
"(cXD Professional liability insurance coverage suspended in the 
case of any person pursuant to subsection (b) shall be reinstated by 
the insurance carrier on the date on which that person transmits to 
the insurance carrier a written request for reinstatement. 
"(2) The request of a person for reinstatement shall be effective 
only if the person transmits the request to the insurance carrier 
within 30 days after the date on which the person is released from 
active duty. The insurance carrier shall notify the person of the due 
date for payment of the premium of such insurance. Such premium 
shall be paid by the person within 30 days after the receipt of that 
notice. 
"(3) The period for which professional liability insurance coverage 
shall be reinstated for a person under this subsection may not be 
less than the balance of the period for which coverage would have 
continued under the insurance policy if the coversige had not been 
suspended. 
"(d) An insurance carrier may not increase the amount of the 
premium charged for professional liability insurance coverage of 
any person for the minimum period of the reinstatement of such 
coverage required under subsection (cX3) to an amount greater than 
the amount chargeable for such coverage for such period before the 
105 STAT. 36 
PUBLIC LAW 102-12—MAR. 18, 1991 
suspension, except to the extent of any general increase in the 
premium amounts charged by that carrier for the same professional 
liability coverage for persons similarly covered by such insurance 
during the period of the suspension. 
"(e) This section does not— 
"(1) require a suspension of professional liability insurance 
coverage for any person who is not a person referred to in 
subsection (a) and who is covered by the same professional 
liability insurance as a person referred to in such subsection; or 
"(2) relieve any person of the obligation to pay premiums for 
the coverage not required to be suspended. 
"(f)(1) A civil or administrative action for damages on the basis of 
the alleged professional negligence or other professional liability of 
a person whose professional liability insurance coverage has been 
suspended under subsection (b) shall be stayed until the end of the 
period of the suspension if^ 
"(A) the action was commenced during that period; 
"(B) the action is based on an act or omission that occurred 
before the date on which the suspension became effective; and 
"(C) the suspended professional liability insurance would, 
except for the suspension, on its face cover the alleged profes-
sional negligence or other professional liability negligence or 
other professional liability of the person. 
"(2) Whenever a civil or administrative action for damages is 
stayed under paragraph (1) in the case of any person, the action 
shall be deemed to have been filed on the date on which the 
professional liability insurance coverage of such person is reinstated 
under subsection (c). 
"(g) In the case of a civil or administrative action for which a stay 
could have been granted under subsection (f) by reason of the 
suspension of professional liability insurance coverage of the defend-
ant 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) If a person whose professional liability insurance coverage 
is suspended under subsection (b) dies during the period of the 
suspension— 
"(1) the requirement for the grant or continuance of a stay in 
any civil or administrative action against such person under 
subsection (f)(1) shall terminate on the date of the death of such 
person; and 
"(2) the carrier of the professional liability insurance so sus-
pended shall be liable for any claim for damages for professional 
negligence or other professional liability of the deceased person 
in the same manner and to the same extent as such carrier 
would be liable if the person had died while covered by such 
insurance but before the claim was filed. 
"(i) In this section: 
"(1) The term 'active duty' has the meaning given that term 
in section 101 of title 10, United States Code. 
"(2) The term 'profession' includes occupation. 
"(3) The term 'professional' includes occupational.". 
SEC. 5. HEALTH INSURANCE REINSTATEMENT UPON REEMPLOYMENT. 
(a) AMENDMENT TO TITLE 38.—Paragraph (1) of section 2021(b) of 
title 38, United States Code, is amended— 
(1) by inserting "(A)" after "(bXD"; and 
PUBLIC LAW 102-12—MAR. 18, 1991 
105 STAT. 37 
(2) by adding at the end the following: 
"(B) In the case of employer-offered health insurance, an exclusion 
or waiting period may not be imposed in connection with coverage of 
a health or physical condition of a person entitled to participate in 
that insurance under subparagraph (A), or a health or physical 
condition of any other person who is covered by the insurance by 
reason of the coverage of such person, if^ 
"(i) the condition arose before or during that person's period 
of training or service in the Armed Forces; 
"(ii) an exclusion or waiting period would not have been 
imposed for the condition during a period of coverage resulting 
from participation by such person in the insurance; and 
"(iii) the condition of such person has not been determined by 
the Secretary to be service-connected.". 
OJ) AMENDMENT TO SOLDIERS' AND SAILORS' CIVIL REUEF ACT OF 
1940.—Article VII of the Soldiers' and Sailors' Civil Relief Act of 
1940 is amended by adding after section 702, as added by section 4, 
the following new section: 
"SEC. 703. (a) A person who, by reason of military service de- SOUSCapp. 
scribed in section 702(aXl), is entitled to the rights and benefits of ^^^• 
this Act shall also be entitled upon release from such military 
service to reinstatement of any health insurance which (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. 
"0)) An exclusion or a waiting period may not be imposed in 
connection with reinstatement of health insurance coverage of a 
health or physical condition of a person under subsection (a), or a 
health or physical condition of any other person who is covered by 
the insurance by reason of the coverage of such person, if— 
"(1) the condition arose before or during that person's period 
of training or service in the Armed Forces; 
"(2) an exclusion or waiting period would not have been 
imposed for the condition during a period of coverage resulting 
from participation by such person in the insurance; and 
"(3) the condition of such person has not been determined by 
the Secretary of Veterans Affairs to be a disability incurred or 
aggravated in the line of duty (within the meaning of section 
105 of title 38, United States Code). 
"(c) Subsection (a) does not apply in the case of employer-offered 
insurance benefits in which a person referred to in such subsection 
is entitled to participate pursuant to the provisions of chapter 43 of 
title 38, United States Code.". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 38 USC 2021 
take effect as of August 1,1990. 
note. 
SEC. 6. STAY OF JUDICIAL PROCEEDINGS. 
50 USC app. 
(a) STAY OF ACTION OR PROCEEDING.—In any judicial action or 
^° ^' 
proceeding (other than a criminal proceeding) in which a member of 
the Armed Forces described in subsection 0^) is involved (either as 
plaintiff or defendant), the court shall, upon application by such 
member (or some other person on the member's behalf) at any stage 
before final judgment is entered, stay the action or proceeding until 
a date after June 30,1991. 
(b) MEMBERS COVERED,—A member of the Armed Forces is covered 
by subsection (a) if at the time of application for the stay of a judicial 
action or proceeding the member— 
(1) is on active duty; and 
105 STAT. 38 
PUBLIC LAW 102-12—MAR. 18, 1991 
50 u s e app. 
518. 
38 u s e 2024 
note. 
Effective date. 
38 u s e 2024 
note. 
(2) is serving outside the State in which the court having 
jurisdiction over the action or proceeding is located. 
(c) DEFINITION.—For purposes of this section, the term "State" 
includes the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, and Guam. 
SEC. 7. EXERCISE OF RIGHTS UNDER ACT NOT TO AFFECT CERTAIN 
FUTURE FINANCIAL TRANSACTIONS. 
Article I of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 
U.S.C. App. 510 et seq.) is amended by adding at the end the 
following new section: 
"SEC. 108. Application by a person in military service for, or 
receipt by a person in military service of, a stay, postponement, or 
suspension pursuant to the provisions of this Act in the pajrment of 
any tax, fine, penalty, insurance premium, or other civil obligation 
or liability of that person shall not itself (without regard to other 
considerations) provide the basis for any of the following: 
"(1) A determination by any lender or other person that such 
person in military service is unable to pay such civil obligation 
or liability in accordance with its terms. 
"(2) With respect to a credit transaction between a creditor 
and such person in military service— 
"(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 such 
person in substantially the amount or on substantially the 
terms requested. 
"(3) An adverse report relating to the creditworthiness of such 
person in military service by or to any person or entity engaged 
in the practice of assembling or evaluating consumer credit 
information. 
"(4) A refusal by an insurer to insure such person.". 
SEC. 8. CLARIFICATION OF TITLE 38 REEMPLOYMENT RIGHTS COVERAGE 
FOR RESERVISTS. 
(a) IN GENERAL.—(1) Subsection (g) of section 2024 of title 38, 
United States Code, is amended— 
(A) by striking out "active duty for not more than 90 days" 
and inserting in lieu thereof "active duty (other than for train-
ing)"; and 
(B) by inserting ", including any period of extension of active 
duty under section 673b of title 10" before the period at the end. 
(2) The amendments made by paragraph (1) shall apply to any 
member of a reserve component of the Armed Forces who is ordered 
to active duty (other than for training) under section 673b of title 10, 
United States Code, after July 31,1990. 
(b) TECHNICAL AMENDMENT.—(1) Subsection (a) of such section is 
amended by striking out "provided for by this section" and inserting 
in lieu thereof "provided for by this chapter". 
(2) The amendment made by parsigraph (1) shall take effect as of 
December 3, 1974. 
SEC. 9. TECHNICAL AMENDMENTS TO SOLDIERS' AND SAILORS* CIVIL 
RELIEF ACT OF 1940. 
The Soldiers' and Sailors' Civil Relief Act of 1940 is amended as 
follows: 
"^ 
PUBLIC LAW 102-12—MAR. 18, 1991 
105 STAT. 39 
(1) Section 101 (50 U.S.C. App. 511) is amended— 
(A) in paragraph (1), by inserting "the Air Force," after 
"the Marine Corps,"; and 
(B) in paragraph (2), by striking out "shall include" and 
^'- 
all that follows through "discharge" £ind inserting in lieu 
thereof "means, in the case of any person, the period 
beginning on the date on which the person enters active 
service and ending on the date of the person's release". 
(2) Section 102 (50 U.S.C. App. 512) is amended by striking out 
", including the Philippine Islands while under the sovereignty 
of the United States,". 
(3) Section 103(4) (50 U.S.C. App. 513(4)) is amended by strik-
ing out "after the date of the enactment of the Soldiers' and 
Sailors' Civil Relief Act Amendments of 1942". 
(4) Section 105 (50 U.S.C. App. 515) is amended— 
(A) by striking out "'The Secretary of War and the Sec-
retary of the Navy" and all that follows through "to 
insure" in the first sentence and inserting in lieu thereof 
"The Secretary of Defense and the Secretary of Transpor-
tation, with respect to the Coast Guard when it is not 
operating as a service in the Navy, shall ensure"; and 
(B) by striking out "the Secretary of War and the Sec-
retary of the Navy" in the second sentence and inserting in 
lieu thereof "the Secretary of Defense and the Secretary of 
(5) Section 106 (50 U.S.C. App. 516) is amended— 
(A) by striking out "Selective Training and Service Act of 
1940, as amended," and inserting in lieu thereof "Military 
Selective Service Act (50 U.S.C. App. 451 et seq.)"; 
(B) by striking out "the Enlisted Reserve Corps" and 
inserting in lieu thereof "a reserve component of the 
Armed Forces"; and 
(C) by striking out "he reports for such service" and 
inserting in lieu thereof "such member reports for military 
service or the date on which the order is revoked, which-
ever is earlier". 
(6) Section 205 (50 U.S.C. App. 525) is amended by striking out 
"the date of enactment of the Soldiers' and Sailors' Civil Relief 
Act Amendments of 1942" and inserting in lieu thereof "Octo-
ber 6,1942". 
(7) Section 206 (50 U.S.C. App. 526) is amended— 
(A) by striking out "per centum per annum" each place it 
appears and inserting in lieu thereof "percent per year"; 
and 
(B) by striking out "prior to his entry" and all that 
follows through "bear interest" and inserting in lieu 
thereof "before that person's entry into that service shall, 
during any part of the period of military service, bear 
interest" 
(8) Section 300 (50 U.S.C. App. 530) is amended— 
(A) in subsection (c), as redesignated by section 2(b), by 
striking out "shall be guilty" and all that follows through 
"$1,000," and inserting in lieu thereof "shall be fined as 
provided in title 18, United States Code, or imprisoned for 
not to exceed one year,"; and 
(B) in subsection (d), as redesignated by section 2(b), by 
striking out "Secretary of War," and all that follows 
105 STAT. 40 
PUBLIC LAW 102-12—MAR. 18, 1991 
through "as the case may be," and inserting in Heu thereof 
"Secretary of Defense or Secretary of Transportation, with 
respect to the Coast Guard when it is not operating as a 
service in the Navy,". 
(9) Sections 301(2), 302(4), 304(3), and 305(3) (50 U.S.C. App. 
531(2), 532(4), 534(3), 535(3)) are amended by striking out "shall 
be guilty" and all that follows through "$1,000," and inserting 
, in lieu thereof "shall be fined as provided in title 18, United 
States Code, or imprisoned for not to exceed one year,". 
(10) Section 302(3) (50 U.S.C. App. 532(3)) is amended by 
striking out "after the date of enactment of the Soldiers' and 
Sailors Civil Relief Act Amendments of 1942 and". 
(11) Section 400(a) (50 U.S.C. App. 540(a)) is amended by 
striking out "before the date of enactment of the Soldiers' and 
Sailors Civil Relief Act Amendments of 1942 or not less than 
one hundred and eighty days before" in clause (2) and inserting 
in lieu thereof "not less than 180 days before". 
(12) Section 401 (50 U.S.C. App. 541) is amended— 
(A) by striking out "Administrator of Veterans' Affairs" 
in the first sentence and inserting in lieu thereof "Sec-
retary of Veterans Affairs"; 
(B) by striking out "Veterans' Administration" both 
, 
places it appears and inserting in lieu thereof "Secretary"; 
and 
(C) by striking out "Administrator" in the last sentence 
and inserting in lieu thereof "Secretary". 
(13) Section 402 (50 U.S.C. App. 542) is amended— 
(A) in the first sentence, by striking out "Veterans' 
Administration" and inserting in lieu thereof "Secretary of 
Veterans Affairs"; and 
(B) in the second sentence, by striking out "Veterans' 
Administration" and inserting in lieu thereof "Secretary". 
(14) Section 403 (50 U.S.C. App. 543) is amended— 
(A) in the first sentence, by striking out "Administrator 
of Veterans' Affairs" and inserting in lieu thereof "Sec-
retary of Veterans Affairs"; and 
(B) in the second sentence, by striking out "Adminis-
trator of Veterans' Affairs" and inserting in lieu thereof 
"Secretary". 
(15) Section 404 (50 U.S.C. App. 544) is amended by striking 
out "Veterans' Administration' both places it appears and 
inserting in lieu thereof "Secretary of Veterans Affairs". 
(16) Section 405 (50 U.S.C. App. 545) is amended by striking 
out "Administrator of Veterans' Affairs" and inserting in lieu 
thereof "Secretary of Veterans Affairs". 
(17) Section 407 (50 U.S.C. App. 547) is amended— 
(A) in the first sentence, by striking out "The Adminis-
trator of Veterans' Affairs is hereby authorized and di-
rected to" and inserting in lieu thereof "The Secretary of 
Veterans Affairs shall"; and 
(B) in the second sentence, by striking out "Administrator 
of Veterans' Affairs" and inserting in lieu thereof "Sec-
r©t3.rv 
Repeal. 
(18) Section 408 (50 U.S.C. App. 548) is repealed. 
(19) Section 504(3) (50 U.S.C. App. 564(3)) is amended by 
striking out "within six months after the effective date of this 
Actor'*. 
PUBLIC LAW 102-12—MAR. 18, 1991 
105 STAT. 41 
(20) Section 505(1) (50 U.S.C. App. 565(1)) is amended by 
inserting "(30 U.S.C. 28)" after "section 2324 of the Revised 
Statutes of the United States". 
(21) Section 506(2) (50 U.S.C. App. 566(2)) is amended— 
(A) by striking out "six months after the effective date of 
this Act or"; and 
(B) by striking out "General Land Office" and inserting 
in lieu thereof "Bureau of Land Management". 
(22) Section 507 (50 U.S.C. App. 567) is amended— 
(A) by striking out "General Land Office" in the second 
sentence and inserting in lieu thereof "Bureau of Land 
Management"; 
(B) by striking out "a register of a United States land 
office" in the third sentence and inserting in lieu thereof 
"an officer designated by the Secretary of the Interior"; and 
(C) by striking out ", inclusive" in the last sentence. 
(23) Section 510(2) (50 U.S.C. App. 570(2)) is amended by 
striking out "prior to the effective date of this Act" and insert-
ing in lieu thereof "before October 17,1940". 
(24) Section 514 (50 U.S.C. App. 574) is amended— 
(A) by striking out "orders: Provided, That nothing" in 
paragraph (1) smd inserting in lieu thereof "orders. Noth-
ing"; and 
(B) by striking out "the use thereof:" in paragraph (2) and 
all that follows through "has been paid" and inserting in 
lieu thereof "the use thereof, but only if a license, fee, or 
excise required by the State or territory, possession, or 
District of (Dolumbia of which the person is a resident or in 
which the person is domiciled has been paid". 
(25) Section 600 (50 U.S.C. App. 580) is amended by striking 
out "the date of the approval of this Act" and inserting in lieu 
thereof "October 17,1940,". 
(26) Section 601 (50 U.S.C. App. 581) is amended— 
(A) in paragraph (1), by striking out "Chief of the Bureau 
of Navigation of the Navy Department" and inserting in 
lieu thereof "Chief of Naval Personnel"; and 
(B) in paragraph (3)— 
(i) by striking out "Department of War or the Navy" 
and inserting in lieu thereof "Department of Defense"; 
and 
(ii) by striking out "jurisdiction: Provided, That no" 
and inserting in lieu thereof "jurisdiction. No". 
(27) Section 604 (50 U.S.C. App. 584) is amended— 
(A) by striking out "1945: Provided, That" and inserting 
in lieu thereof "1945, except that"; and 
105 STAT. 42 
PUBLIC LAW 102-12—MAR. 18, 1991 
(B) by striking out "thereafter: Provided further. That 
whenever" and inserting in lieu thereof 
"thereafter. 
Whenever". 
Approved March 18, 1991. 
LEGISLATIVE HISTORY—H.R. 555 (S. 330): 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Jan. 29, considered and passed House. 
Feb. 21, considered and passed Senate, amended, in lieu of S. 330. 
Feb. 27, House concurred in Senate amendment. 
o