Text: H.R.4763 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 4763 IH
102d CONGRESS
2d Session
 H. R. 4763
To restate and clarify the Soldiers' and Sailors' Civil Relief Act of 1940.
IN THE HOUSE OF REPRESENTATIVES
April 3, 1992
Mr. MONTGOMERY (for himself, Mr. STUMP, Mr. EVANS, and Mr. BILIRAKIS)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
A BILL
To restate and clarify the Soldiers' and Sailors' Civil Relief Act of 1940.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. RESTATEMENT OF ACT.
  The Soldiers' and Sailors' Civil Relief Act of 1940 is amended to read
  as follows:
`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.
`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. Extension of rights and protections to persons ordered to report
for induction.
`Sec. 106. Extension of rights and protections to persons ordered to report
for military service.
`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. Treatment of debts of business of servicemember ordered to
active duty.
`Sec. 110. Legal representatives.
`TITLE II--GENERAL RELIEF
`Sec. 201. Protection against default judgments.
`Sec. 202. Stay of proceedings.
`Sec. 203. Fines and penalties under contracts.
`Sec. 204. Stay or vacation of execution of judgments, attachments, etc.
`Sec. 205. Duration and term of stays; codefendants not in service.
`Sec. 206. Statute of limitations.
`Sec. 207. Maximum rate of interest on debts.
`TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ETC.
`Sec. 301. Evictions and distress.
`Sec. 302. Installment contracts for purchase or lease.
`Sec. 303. Mortgages and trust deeds.
`Sec. 304. Settlement of stayed cases.
`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
property.
`Sec. 502. Rights in public lands.
`Sec. 503. Desert-land entries.
`Sec. 504. Mining claims.
`Sec. 505. Mineral permits and leases.
`Sec. 506. Perfection or defense of rights.
`Sec. 507. Distribution of information concerning benefits of title.
`Sec. 508. Land rights of servicemembers.
`Sec. 509. Income taxes.
`Sec. 510. 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. 2. PURPOSE.
  `(a) PURPOSE- In order to provide for, strengthen, and expedite the national
  defense and to enable the United States the more successfully to fulfill
  the requirements of the national defense, protection is extended by this
  Act to servicemembers of the United States to suspend enforcement of civil
  liabilities, in certain cases, in order to enable such persons to devote
  their entire energy to the defense needs of the Nation.
  `(b) SCOPE OF ACT- In light of subsection (a), this Act provides for
  the temporary suspension of judicial and administrative proceedings and
  transactions which may adversely effect 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--
  `(A) the Army;
  `(B) the Navy;
  `(C) the Marine Corps;
  `(D) the Air Force;
  `(E) the Coast Guard;
  `(F) the commissioned corps of the Public Health Service on active service;
  `(G) the commissioned corps of the National Oceanic and Atmospheric
  Administration on active service;
  `(H) the reserve components of the uniformed services while in active
  Federal service; or
  `(I) the National Guard while in active Federal service.
  `(2) UNIFORMED SERVICES- The term `uniformed services' means--
  `(A) the Armed Forces;
  `(B) the commissioned corps of the Public Health Service; and
  `(C) the commissioned corps of the National Oceanic and Atmospheric
  Administration.
  `(3) MILITARY SERVICE- The term `military service' means active Federal
  service with any of the uniformed services, as well as training or education
  under the supervision of the United States preliminary to induction into
  the military service.
  `(4) ACTIVE SERVICE- The term `active service' or `active duty' means
  military service other than for training. It excludes any period during
  which a servicemember is designated as a deserter or is in an unauthorized
  absence status.
  `(5) PERIOD OF MILITARY SERVICE- The term `period of military service',
  with respect to a servicemember, means the period--
  `(A) beginning on the date on which the servicemember enters active
  service; and
  `(B) ending on the date on which the servicemember is released or terminated
  from active service or the date on which the death of the servicemember
  occurs while in active service.
  `(6) DEPENDENT- The term `dependent', with respect to a servicemember,
  means--
  `(A) the servicemember's spouse;
  `(B) the servicemember's child (as defined in section 101(4) of title 38,
  United States Code); or
  `(C) an individual for whom the servicemember provided more than one-half of
  the individual's support for 180 days immediately preceding an application
  for relief under this Act.
  `(7) MATERIAL EFFECT- The term `material effect', with respect to the
  effect of a servicemember's military service on civil liabilities, may
  be construed taking into consideration any form of economic or geographic
  impairment resulting from such military service.
  `(8) COURT- The term `court' means a court or an administrative proceeding of
  the United States or of any State, whether or not a court or administrative
  proceeding of record.
  `(9) STATE- The term `State' includes the District of Columbia, the
  Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
`SEC. 102. JURISDICTION AND APPLICABILITY OF ACT.
  `(a) JURISDICTION- This Act applies to--
  `(1) the United States;
  `(2) each of the States; 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 commenced in any court or agency in any
  jurisdiction subject to this Act. This Act does not apply to criminal
  proceedings.
`SEC. 103. PROTECTION OF PERSONS SECONDARILY LIABLE.
  `(a) EXTENSION OF PROTECTION WHEN ACTIONS STAYED, SUSPENDED, ETC-
  Whenever pursuant to this Act a court stays, postpones, or suspends (1)
  the enforcement of an obligation or liability, (2) the prosecution of
  a suit or proceeding, (3) the entry or enforcement of an order, writ,
  judgment, or decree, or (4) the performance of any other act, the court
  may likewise grant such a stay, postponement, or suspension to a surety,
  guarantor, endorser, accommodation maker, comaker, or other person who is
  or may be primarily or secondarily subject to the obligation or liability
  the performance of which is stayed, postponed, or suspended.
  `(b) VACATION OR SET-ASIDE OF JUDGMENTS- When a judgment or decree is
  vacated or set aside, in whole or in part, pursuant to this Act, the
  court may also set aside or vacate, as the case may be, the judgment or
  decree as to a surety, guarantor, endorser, accommodation maker, comaker,
  or other person who is or may be primarily or secondarily liable on the
  contract or liability for the enforcement of the judgment or decree.
  `(c) BAIL BOND NOT TO BE ENFORCED DURING PERIOD OF MILITARY SERVICE- A
  court may not enforce a bail bond during the period of military service
  of the principal on the bond when military service prevents the surety
  from obtaining the attendance of the principal. The court may discharge
  the surety and exonerate the bail, in accordance with principles of equity
  and justice, during or after the period of military service of the principal.
  `(d) WAIVER OF RIGHTS- (1) This Act does not prevent a waiver in writing by
  a surety, guarantor, endorser, accommodation maker, comaker, or other person
  (whether primarily or secondarily liable on the obligation or liability)
  of the protections afforded under subsections (a) and (b). Any such waiver
  is effective only if it is executed as a instrument separate from the
  obligation or liability with respect to which it applies.
  `(2) 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 105 or 106, as applicable.
`SEC. 104. EXTENSION OF PROTECTIONS TO CITIZENS SERVING WITH ALLIED FORCES.
  `A citizen of the United States who serves with the forces of a nation with
  which the United States is allied in the prosecution of a war or military
  action is entitled to the relief and protections provided under this Act
  if that service with the allied force is similar to military service as
  defined in this Act. If a citizen, so serving, is dishonorably discharged
  from the service with an allied force, the relief and protections provided
  under this Act terminate effective on the date of such discharge.
`SEC. 105. EXTENSION OF RIGHTS AND PROTECTIONS TO PERSONS ORDERED TO REPORT
FOR INDUCTION.
  `A person who is 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 (notwithstanding that the person is not a member of the Armed Forces
  or serving on active duty) 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. 106. EXTENSION OF RIGHTS AND PROTECTIONS TO PERSONS 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 (notwithstanding that the member is not on active duty) 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).
`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 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) that certain waivers of rights and protections provided by this Act
  be in writing applies to any waiver that would permit the following:
  `(1) The modification, termination, or cancellation of--
  `(A) a contract, lease, or bailment; or
  `(B) an obligation secured by a mortgage, trust, deed, lien, or other
  security in the nature of a mortgage.
  `(2) The repossession, retention, foreclosure, sale, forfeiture, or taking
  possession of property that--
  `(A) is security for any obligation; or
  `(B) was purchased or received under a contract, lease, or bailment.
  `(c) COVERAGE OF PERIODS AFTER ORDERS RECEIVED- For purposes of this
  section--
  `(1) a person to whom section 105 or 106 applies shall be considered to
  be a servicemember; and
  `(2) the period specified in section 105 or 106 shall be considered to be
  a period of military service.
`SEC. 108. EXERCISE OF RIGHTS UNDER ACT NOT TO AFFECT CERTAIN FUTURE FINANCIAL
TRANSACTIONS.
  `Application by a servicemember for, or receipt by a servicemember of,
  a stay, postponement, or suspension pursuant to this Act in the payment
  of a tax, fine, penalty, insurance premium, or other civil obligation or
  liability of that servicemember shall not itself (without regard to other
  considerations) provide the basis for any of the following:
  `(1) A determination by a lender or other person that the servicemember is
  unable to pay the civil obligation or liability in accordance with its terms.
  `(2) With respect to a credit transaction between a creditor and the
  servicemember--
  `(A) a denial or revocation of credit by the creditor;
  `(B) a change by the creditor in the terms of an existing credit
  arrangement; or
  `(C) a refusal by the creditor to grant credit to the servicemember in
  substantially the amount or on substantially the terms requested.
  `(3) An adverse report relating to the creditworthiness of the servicemember
  by or to a person engaged in the practice of assembling or evaluating
  consumer credit information.
  `(4) A refusal by an insurer to insure the servicemember.
  `(5) An annotation in a servicemember's record by a creditor or a person
  engaged in the practice of assembling or evaluating consumer credit
  information, identifying the servicemember as a member of the National
  Guard or a reserve component.
  `(6) A change in the terms offered or conditions required for the issuance
  of insurance.
`SEC. 109. TREATMENT OF DEBTS OF BUSINESS OF SERVICEMEMBER ORDERED TO
ACTIVE DUTY.
  `When a servicemember not on active duty receives orders to active duty,
  any preexisting debt or obligation of a business of the servicemember
  (including any corporation, company, association, firm, partnership,
  society or joint stock company) shall be treated as an obligation of the
  servicemember under this Act.
`SEC. 110. LEGAL REPRESENTATIVES.
  `(a) REPRESENTATIVE- A legal representative of a servicemember for purposes
  of this Act includes--
  `(1) an attorney acting on the behalf of a servicemember;
  `(2) an individual possessing a power of attorney; or
  `(3) any other designated representative of the servicemember.
  `(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 applies to any civil action
  or proceeding in which the defendant does not make an appearance.
  `(b) AFFIDAVIT REQUIREMENT-
  `(1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered
  by this section, the court, before entering judgment for the plaintiff,
  shall require the plaintiff to file with the court an affidavit--
  `(A) stating whether or not the defendant is in military service and
  showing necessary facts to support the affidavit; or
  `(B) if the plaintiff is unable to determine whether or not the defendant
  is in military service, stating that the plaintiff is unable to determine
  whether or not the defendant is in military service.
  `(2) APPOINTMENT OF ATTORNEY TO REPRESENT DEFENDANT IN MILITARY SERVICE-
  If in an action covered by this section it appears that the defendant is
  in military service, the court may not enter a judgment until after the
  court appoints an attorney to represent the defendant. If an attorney
  appointed under this section to represent a servicemember cannot locate
  the servicemember, actions by the attorney in the case shall not waive
  any defense of the servicemember or otherwise bind the servicemember.
  `(3) DEFENDANT'S MILITARY STATUS NOT ASCERTAINED BY AFFIDAVIT- If,
  based upon the affidavits filed in such an action, the court is unable to
  determine whether the defendant is in military service, the court, before
  entering judgment, may require the plaintiff to file a bond in an amount
  approved by the court. If the defendant is later found to be in military
  service, the bond shall be available to indemnify the defendant against
  any loss or damage the defendant may suffer by reason of any judgment for
  the plaintiff against the defendant, should the judgment be set aside in
  whole or in part. The bond shall remain in effect until expiration of the
  time for appeal and setting aside of a judgment under Federal or State
  law. 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) The requirement for an affidavit under paragraph (1) may be satisfied
  by a statement, declaration, verification, or certificate, in writing,
  subscribed and certified or declared to be true under penalty of perjury.
  `(c) PENALTY FOR MAKING OR USING FALSE AFFIDAVIT- A person who makes
  or uses an affidavit permitted under subsection (b) (or a statement,
  declaration, verification, or certificate as authorized under subsection
  (b)(4)) knowing it to be false, shall be fined as provided in title 18,
  United States Code, or imprisoned for not more than one year, or both.
  `(d) STAY OF PROCEEDINGS- In an action covered by this section in which the
  defendant is in military service, the court shall grant a stay of proceedings
  for a minimum period of 90 days under this subsection upon application of
  counsel, or on the court's own motion, if the court determines that--
  `(1) there may be a defense to the action and a defense cannot be presented
  without the presence of the defendant; or
  `(2) after due diligence, counsel has been unable to contact the defendant
  or otherwise determine if a meritorious defense exists.
  `(e) INAPPLICABILITY OF SECTION 202 PROCEDURES- A stay of proceedings under
  subsection (d) shall not be controlled by procedures or requirements under
  section 202.
  `(f) SECTION 202 STAY PROTECTION- If a servicemember who is a defendant
  in an action covered by this section receives actual notice of the action,
  the servicemember may request a stay of proceeding under section 202.
  `(g) VACATION OR SETTING ASIDE OF DEFAULT JUDGMENTS-
  `(1) AUTHORITY FOR COURT TO VACATE OR SET ASIDE JUDGMENT- If a default
  judgment is entered in an action covered by this section against a
  servicemember during the servicemember's period of military service (or
  within 30 days after termination or release from such military service),
  the court entering the judgment may permit the judgment to be vacated
  or set aside for the purpose of allowing the servicemember to defend the
  action if it appears that--
  `(A) the servicemember was adversely affected by reason of that military
  service in making a defense to the action; and
  `(B) the servicemember has a meritorious or legal defense to the action
  or some part of it.
  `(2) TIME FOR FILING APPLICATION- An application under this subsection
  must be filed not later than 90 days after the date of the servicemember's
  release from military service.
  `(h) PROTECTION OF BONA FIDE PURCHASER- If a court vacates, sets aside,
  or reverses a default judgment against a servicemember and the vacating,
  setting aside, or reversing is because of a provision of this Act, that
  action shall not impair a right or title acquired by a bona fide purchaser
  for value under the default judgment.
`SEC. 202. STAY OF PROCEEDINGS WHEN SERVICEMEMBER DEFENDANT HAS NOTICE.
  `(a) APPLICABILITY OF SECTION- This section applies to any civil action
  or proceeding in which the defendant is a servicemember who at the time
  of filing an application under this section--
  `(1) is serving on active duty or is within 90 days after termination or
  release from military service; and
  `(2) has received notice of the action or proceeding.
  `(b) AUTOMATIC STAY-
  `(1) AUTHORITY FOR STAY- At any stage before final judgment in a civil
  action or proceeding in which a servicemember described in subsection (a)
  is a party, the court may on its own motion and shall, upon application
  by the servicemember, stay the action for a period of not less than 90 days.
  `(2) CONDITIONS FOR STAY-  An application for such a stay shall include
  the following:
  `(A) A letter or other communication setting forth facts stating the
  manner in which current military duty requirements materially affect the
  servicemember's ability to appear and stating a date when the servicemember
  will be available to appear.
  `(B) A letter or other communication from the servicemember's commanding
  officer stating that the servicemember's current military duty prevents
  appearance and that military leave is not authorized for the servicemember
  at the time of the letter.
  `(c) APPLICATION NOT A WAIVER OF DEFENSES- An application for a stay under
  this section does not constitute a waiver of any substantive or procedural
  defense (including a defense relating to lack of personal jurisdiction).
  `(d) ADDITIONAL STAY-
  `(1) APPLICATION- A servicemember who is granted a stay of a civil action or
  proceeding under subsection (b) may apply for an additional stay based on
  continuing material effect of military duty on the servicemember's ability
  to appear. Such an application may be made by the servicemember at the time
  of the initial application under subsection (b) or when it appears that
  the servicemember is unavailable to prosecute or defend the action. The
  same information required under subsection (b) shall be included in an
  application under this subsection.
  `(2) APPOINTMENT OF COUNSEL WHEN ADDITIONAL STAY REFUSED- If the court
  refuses to grant an additional stay of proceedings under paragraph (1),
  the court shall appoint counsel to represent the servicemember in the
  action or proceeding.
  `(e) COORDINATION WITH SECTION 201- A servicemember who applies for a
  stay under this section and is unsuccessful may not seek the protections
  afforded by section 201.
  `(f) INAPPLICABILITY TO SECTION 301- The protections of this section do
  not apply to section 301.
`SEC. 203. FINES AND PENALTIES UNDER CONTRACTS.
  `(a) PROHIBITION OF PENALTIES- When an action for compliance with the terms
  of a contract is stayed pursuant to this Act, a penalty shall not accrue
  for failure to comply with the terms of the contract during the period of
  the stay.
  `(b) REDUCTION OR WAIVER OF FINES OR PENALTIES- If a servicemember fails to
  perform an obligation arising under a contract and a penalty is incurred
  arising from that nonperformance, a court may reduce or waive the fine or
  penalty if--
  `(1) the servicemember was in military service at the time the fine or
  penalty was incurred; and
  `(2) the ability of the servicemember to perform the obligation was
  materially affected by such military service.
`SEC. 204. STAY OR VACATION OF EXECUTION OF JUDGMENTS, ATTACHMENTS, ETC.
  `(a) COURT ACTION UPON MATERIAL EFFECT 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 or authorized
  legal representative--
  `(1) stay the execution of any judgment or order entered against the
  servicemember, as provided in this Act; 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, as provided in this Act.
  `(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 30 days after such
  service terminates.
`SEC. 205. DURATION AND TERM OF STAYS; CODEFENDANTS NOT IN SERVICE.
  `(a) PERIOD OF STAY- A stay of an action, proceeding, attachment, or
  execution, made pursuant to the provisions of this Act by a court, may
  be ordered for the period of military service and 90 days thereafter,
  or for any part of that period, except as otherwise provided. The court
  may set the terms and amounts for installment payments it may consider
  reasonable. The court may also determine the time of payment.
  `(b) CODEFENDANTS- If the servicemember is a codefendant with others not in
  military service, the plaintiff may proceed against those other defendants
  with the approval of the court.
  `(c) INAPPLICABILITY OF SECTION- This section does not apply to sections
  202(a) 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 period limited by law, regulation, or order for the bringing of any
  action or proceeding in a court, or in any board, bureau, commission,
  department, or other agency of a State or the United States by or against
  the servicemember or the servicemember's heirs, executors, administrators,
  or assigns.
  `(b) REDEMPTION OF REAL PROPERTY- A period of military service may not
  be included in computing any period provided by law for the redemption of
  real property sold or forfeited to enforce an obligation, tax, or assessment.
  `(c) INAPPLICABILITY OF SECTION- This section does not apply with respect to
  a period limited by law or regulation for the filing of a claim or lawsuit
  against the United States by a servicemember or a servicemember's heirs,
  executors, administrators, or assigns unless--
  `(1) the cause of action accrues in time of war or armed conflict or during
  a period of military service by the servicemember outside the United States,
  or any of these circumstances intervenes within two years after the cause
  of action accrues, and if material effect is shown; and
  `(2) the claim is filed not later than the expiration of the applicable
  statute of limitations or two years after the war or military action
  or period of military service outside the United States is terminated,
  whichever is later.
  `(d) INAPPLICABILITY TO INTERNAL REVENUE LAWS- This section does not apply
  with respect to any period of limitation prescribed by or under the internal
  revenue laws of the United States.
`SEC. 207. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE MILITARY SERVICE.
  `(a) INTEREST RATE LIMITATION-
  `(1) 6-PERCENT LIMIT- An obligation or liability bearing interest at a
  rate in excess of 6 percent per year that is incurred by a servicemember
  before the servicemember enters military service shall not bear interest at
  a rate in excess of 6 percent per year during the period of military service.
  `(2) FORGIVENESS OF INTEREST IN EXCESS OF 6 PERCENT- Interest at a rate
  in excess of 6 percent per year that ordinarily would be incurred, but
  for the prohibition in paragraph (1), is forgiven.
  `(3) PREVENTION OF ACCELERATION OF PRINCIPAL- The portion of any periodic
  payments that is allocated to principal under an obligation or liability
  covered by this section may not be increased by the lender above that
  specified in the original contract 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 limitation in subsection
  (a), the servicemember shall provide to the creditor  written notice and a
  copy of the military orders calling the servicemember to military service and
  any orders further extending military service, not later than 180 days after
  the date of the servicemember's termination or release from military service.
  `(2) LIMITATION EFFECTIVE AS OF DATE OF CALL TO ACTIVE SERVICE- 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) DEFINITION- As used in this section, the term `interest' means simple
  interest plus service charges, renewal charges, fees, or any other charges
  (except bona fide insurance) with respect to an obligation or liability.
`TITLE III--RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ETC.
`SEC. 301. EVICTIONS AND DISTRESS.
  `(a) COURT-ORDERED EVICTION- Except by court order, a landlord (or another
  person with paramount title) may not evict or make a distress against a
  servicemember, or the dependents of a servicemember, during the period of
  military service of the servicemember from premises--
  `(1) that are occupied or intended to be occupied primarily as a residence;
  and
  `(2) for which the monthly rent does not exceed the greater of--
  `(A) $1,200, or
  `(B) the monthly basic allowance for quarters at the `with dependents'
  rate, plus any other additional monthly housing allowances, to which a
  servicemember of the grade or rank of an authorized applicant under this
  section is entitled under chapter 7 of title 37, United States Code.
  `(b) STAY OF EVICTION-
  `(1) Upon an application for eviction with respect to premises covered by
  this section the court may on its own motion and shall, if a request is
  made by or on behalf of a servicemember whose ability to pay the agreed
  rent is materially affected by military service--
  `(A) stay the proceedings for a period of 90 days, unless in the opinion of
  the court, justice and equity require a longer or shorter period of time; or
  `(B) adjust the obligation under the lease to preserve the interests of
  all parties.
  `(2) If a stay is granted under paragraph (1), the court may grant to
  the landlord (or other person with paramount title) such relief as equity
  may require.
  `(c) PENALTIES-
  `(1) MISDEMEANOR- Except as provided in subsection (a), a person who
  knowingly takes part in an eviction or distress described in subsection (a),
  or who knowingly attempts to do so, shall be fined as provided in title 18,
  United States Code, or imprisoned for not more than one year, or both.
  `(2) PRESERVATION OF OTHER REMEDIES AND RIGHTS- The remedies and rights
  provided under this section are in addition to and do not preclude any
  remedy for wrongful conversion (or wrongful eviction) otherwise available
  under the law to the person claiming relief under this section, including
  any award for consequential and punitive damages.
  `(d) RENT ALLOTMENT-
  `(1) ALLOTMENT FROM PAY OF SERVICEMEMBER- To the extent required by a
  court order, the Secretary concerned shall make an allotment from the pay
  of a servicemember to satisfy the terms of such order. Any such allotment
  shall be subject to the regulations prescribed by the Secretary concerned
  relating to the maximum proportion of withholding of pay of servicemembers.
  `(2) SECRETARY CONCERNED DEFINED- In this subsection, the term `Secretary
  concerned' means--
  `(A) the Secretary of the Army, with respect to matters concerning the Army;
  `(B) the Secretary of the Navy, with respect to matters concerning the
  Navy, the Marine Corps, and the Coast Guard when it is operating as a
  service in the Navy;
  `(C) the Secretary of the Air Force, with respect to matters concerning
  the Air Force;
  `(D) the Secretary of Transportation, with respect to matters concerning
  the Coast Guard when it is not operating as a service in the Navy;
  `(E) the Secretary of Health and Human Services, with respect to matters
  concerning the commissioned corps of the Public Health Service; and
  `(F) the Secretary of Commerce, with respect to matters concerning the
  commissioned corps of the National Oceanic and Atmospheric Administration.
  `(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) After a servicemember enters military service, a contract by the
  servicemember for the purchase, lease, or bailment of real or personal
  property may not be rescinded or terminated, nor may the property be
  repossessed, without a court order for a breach of terms of the contract
  occurring before or during that person's military service.
  `(2) This section applies only to a servicemember in a case in which
  a deposit or installment has been paid by the servicemember before the
  servicemember enters military service.
  `(b) PENALTIES-
  `(1) MISDEMEANOR- A person who knowingly resumes possession of property in
  violation of subsection (a), or in violation of section 107 of this Act,
  or who knowingly attempts to do so, shall be fined as provided in title 18,
  United States Code, or imprisoned for not more than one year, or both.
  `(2) PRESERVATION OF OTHER REMEDIES AND RIGHTS- The remedies and rights
  provided under this section are in addition to and do not preclude any
  remedy for wrongful conversion otherwise available under law to the person
  claiming relief under this section, including any award for consequential
  and punitive damages.
  `(c) STAY OF PROCEEDINGS- In a hearing based on this section, the court
  may, on its own motion, and shall on application by a servicemember when
  the servicemember's ability to comply with the contract is materially
  affected by military service--
  `(1) stay the proceedings for a period of time as, in the opinion of the
  court, justice and equity require,
  `(2) order repayment to the servicemember of all or part of the prior
  installments or deposits as a condition of terminating the contract and
  resuming possession of the property, or
  `(3) 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 obligation in the
  nature of a mortgage.
  `(b) STAY OF PROCEEDINGS AND ADJUSTMENT OF OBLIGATION- In an action filed
  during, or within 90 days after, the servicemember's period of military
  service to enforce an obligation described in subsection (a), the court
  may, after a hearing and on its own motion, and shall upon application
  by a servicemember when the servicemember's ability to comply with the
  obligation is materially affected by military service--
  `(1) stay the proceedings for such a period of time as, in the opinion of
  the court, justice and equity require, or
  `(2) adjust the obligation to preserve the interests of all parties.
  `(c) SALE OR FORECLOSURE- A sale, foreclosure, or seizure of property for
  a breach of an obligation described in subsection (a) shall not be valid
  if made during, or within 90 days after, the period of the servicemember's
  military service except--
  `(1) upon a court order granted before foreclosure with a return made and
  approved by the court; or
  `(2) if made pursuant to an agreement as provided in section 107.
  `(d) PENALTIES-
  `(1) MISDEMEANOR- A person who knowingly makes or causes to be made a sale,
  foreclosure, or seizure of property that is prohibited by subsection (c),
  or who knowingly attempts to do so, shall be fined as provided in title 18,
  United States Code, or imprisoned for not more than one year, or both.
  `(2) PRESERVATION OF OTHER REMEDIES AND RIGHTS- The remedies and rights
  provided under this section are in addition to and do not preclude any remedy
  for wrongful conversion otherwise available under law to the person claiming
  relief under this section, including 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 rescind or terminate a contract for the purchase of personal property,
  the court may appoint three disinterested parties to appraise the property.
  `(b) EQUITY PAYMENT- Based on the appraisal, and if undue hardship to
  the servicemember's dependents will not result, the court may order
  that the amount of the servicemember's equity in the property be paid
  to the servicemember, or the servicemember's dependents, as a condition
  of foreclosing the mortgage, repossessing the property, or rescinding or
  terminating the contract.
`SEC. 305. 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 dwelling, 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 service, executes a lease and
  thereafter receives military orders for a permanent change of station (PCS)
  or to deploy 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
  following the lessee's entry into military service or the date of the
  military orders for a permanent change of station or to deploy for a period
  of not less than 90 days.
  `(3) NATURE OF NOTICE- Delivery shall be accomplished by either hand delivery
  or 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 depositing the written notice in the United
  States mails.
  `(c) EFFECTIVE DATE OF TERMINATION-
  `(1) LEASE WITH MONTHLY RENT- Termination 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 LEASES- All other leases terminate on the last day of the month
  following the month in which the notice is delivered.
  `(3) ARREARAGES IN RENT- Rents unpaid for the period preceding termination
  shall be paid on a prorated basis.
  `(4) RENT PAID IN ADVANCE- Rents paid in advance for a period succeeding
  termination shall be refunded to the lessee by the lessor (or the lessor's
  assignee or the assignee's agent).
  `(d) RELIEF TO LESSOR- Upon application by the lessor to a court before
  the termination date provided in the written notice, relief granted by this
  section to a servicemember may be modified as justice and equity require.
  `(e) PENALTIES-
  `(1) A person who knowingly seizes, holds, or detains the personal effects,
  security deposit, or other property of a servicemember or a servicemember's
  dependents, who lawfully terminates a lease covered by this section, or who
  knowingly interferes with the removal of that property from premises covered
  by the lease, for the payment of rent accruing before the termination date
  of the lease, shall be fined as provided in title 18, United States Code,
  or imprisoned for not more than one year, or both.
  `(2) 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 obligation, the assignee of the policy may not (except in
  the case of an insurer in connection with policy loan) exercise rights or
  options obtained under the assignment without a court order, during the
  period of military service or within one year thereafter.
  `(b) EXCEPTION- The prohibition in subsection (a) shall not apply--
  `(1) if the assignee has the written consent of the insured made during
  the period described in subsection (a)(1);
  `(2) to the extent that the premiums are due and unpaid; or
  `(3) upon the death of the insured.
  `(c) REQUIREMENT FOR MATERIAL EFFECT- This section applies only to
  servicemembers whose ability to comply with the terms of an obligation is
  materially affected by military service.
  `(d) TREATMENT OF GUARANTEED PREMIUMS- For purposes of this subsection,
  premiums which are guaranteed under the provisions of title IV of this
  Act shall not be considered due and unpaid.
  `(e) PENALTIES- 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. 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- Without a court order granted before foreclosure, a person
  holding lien for the storage, repair, cleaning, or otherwise, of the
  property or effects of a servicemember, may not foreclose the lien during
  the period of military service and for 90 days after termination of or
  release from active duty.
  `(b) STAY OF PROCEEDINGS- In a proceeding to foreclose the lien, the
  court may on its own motion, and shall if requested by a servicemember
  whose ability to comply with the obligation is materially affected by
  military service--
  `(1) stay the proceedings for a period of time as justice and equity
  require, or
  `(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 303.
  `(c) REQUIREMENT FOR MATERIAL EFFECT- This section applies only to
  servicemembers whose ability to comply with the terms of an obligation is
  materially affected by military service.
  `(d) PENALTIES-
  `(1) 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) 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 reason 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 includes the following terms:
  `(A) The insurer may not decrease the amount of coverage nor increase
  the amount of premiums if the insured engages in military service of the
  United States.
  `(B) The insurer may not limit or restrict coverage relating to engagement
  in any activity required by military service.
  `(C) The policy shall be in force not less than 180 days before the date of
  the insured's entry into military service and at the time the application
  for benefits is made. The payment of policy premiums shall be current.
  `(2) PREMIUM- The term `premium' means the amount specified in a policy
  as the stipend to be paid by the insured at regular intervals during the
  stated policy period.
  `(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, chartered or authorized to provide insurance
  and issue contracts or policies by the laws of a State or the United States.
  `(5) SECRETARY CONCERNED- The term `Secretary concerned' has the meaning
  given such term in section 301(d).
`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 beneficiary applies in writing for protection under this title,
  unless the Secretary of Veterans Affairs determines that the insured's
  policy is not, by reason of the limitation in subsection (c), entitled to
  protection under this title.
  `(b) NOTIFICATION AND APPLICATION- The Secretary of Veterans Affairs shall
  notify the Secretary concerned of the procedures to be used by insured
  persons to apply for the protections provided under this title. The
  insured shall send the original application to the insurer and a copy to
  the Secretary of Veterans Affairs.
  `(c) LIMITATION AMOUNT- The total amount of life insurance coverage
  protection provided by this title per servicemember may not exceed
  $120,000, or an amount equal to the Servicemen's Group Life Insurance
  (SGLI) maximum limit, whichever is greater, regardless of the number
  of policies submitted. A policy which affords the best security to the
  Government shall be given preference.
`SEC. 403. APPLICATION FOR INSURANCE PROTECTION.
  `(a) APPLICATION PROCEDURE- An application for protection under this title
  shall be made in writing signed by the insured, identifying the policy
  and the insurer, and agreeing that the insured's rights under the policy
  are subject to and modified by the provisions of this title.
  `(b) ADDITIONAL REQUIREMENTS- The Secretary of Veterans Affairs  may require
  the insured and the insurer to execute other forms. Upon receipt of the
  application of the insured, the insurer shall furnish a policy report to
  the Secretary of Veterans Affairs as required by regulation.
  `(c) POLICY MODIFICATION- Upon application for protection under this title,
  the insured and the insurer shall have constructively agreed to any policy
  modification necessary to give this title full force and effect.
`SEC. 404. POLICIES ENTITLED TO PROTECTION AND LAPSE OF POLICIES.
  `(a) DETERMINATION- The Secretary of Veterans Affairs shall determine
  whether a policy is entitled to protection under this title and shall
  notify the insured and the insurer of that determination.
  `(b) LAPSE PROTECTION- A policy that the Secretary determines is entitled
  to protection under this title shall not lapse or otherwise terminate or
  be forfeited for the nonpayment of a premium, or interest or indebtedness
  on a premium, after the date of the application for protection.
  `(c) TIME APPLICATION- The protection provided by this title applies during
  the insured's period of military service and up to two years after the
  insured's termination or release from military service.
`SEC. 405. POLICY RESTRICTIONS.
  `(a) DIVIDENDS- While a policy is protected under this title, a dividend
  or other monetary benefit under a policy may not be paid to an insured or
  used to purchase additional dividends 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 the policy is protected under this title,
  cash value, loan value, withdrawal of dividend accumulation, unearned
  premiums, or other value of similar character, may not be available to the
  insured without the approval of the Secretary. The right of the insured
  to change a beneficiary designation or select an optional settlement for
  a beneficiary shall not be affected by the provisions of this title.
`SEC. 406. DEDUCTION OF UNPAID PREMIUMS.
  `(a) SETTLEMENT LIMITATIONS- If a policy matures as a result of a
  servicemember's death or otherwise during the period of protection of the
  policy under this title, the insurer in making settlement shall deduct
  from the insurance proceeds the amount of the unpaid premiums guaranteed
  under this title, together with interest due at the rate fixed in the
  policy for policy loans.
  `(b) INTEREST RATE- If the interest rate is not specifically fixed in the
  policy, the rate shall be the same as for policy loans in other policies
  issued by the insurer at the time the insured's policy was issued.
  `(c) REPORTING REQUIREMENT- The amount deducted, 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) Payment of premiums and interest on premiums at the rate specified in
  section 406 which become due on a policy under the protection of this title
  is guaranteed by the United States. If the amount guaranteed is not paid
  to the insurer before the period of insurance protection expires under
  this title, the amount due shall be treated by the insurer as a policy
  loan on this policy.
  `(2) The policy's coverage shall terminate if the cash surrender value is
  less than the amount due, at the expiration of insurance protection under
  this title. The United States shall pay the insurer the difference between
  the amount due and the cash surrender value.
  `(b) RECOVERY FROM INSURED OF AMOUNTS PAID BY UNITED STATES-
  `(1) 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) Notwithstanding any other provision of law, such amount may be
  collected by the United States, either as an offset from any other amount
  due the insured by the United States, or as otherwise authorized by law.
  `(3) Such debt payable to the United States is not dischargeable in
  bankruptcy proceedings.
  `(c) CREDITING OF AMOUNTS RECOVERED- Any moneys received as repayment of
  debts incurred under this title shall be credited 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 CONCLUSIONS 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 Veterans Appeals.
`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 remains unpaid before or during the period of
  military service with respect to a servicemember's--
  `(1) personal property, money, or credits; or
  `(2) real property owned and occupied for dwelling, professional,
  business, or agricultural purposes by a servicemember or a servicemember's
  dependents prior to entry into military service and still occupied by the
  servicemember's dependents or employees.
  `(b) SALE OF PROPERTY-
  `(1) Sale of property listed in subsection (a) may not be made to enforce
  the collection of a tax or assessment except by court order, and then only
  if the court determines that military service does not materially affect
  the servicemember's ability to pay the unpaid tax or assessment.
  `(2) The court may stay these proceedings or sale during the period
  of military service and for a period not more than 180 days after the
  termination or release of the servicemember from military service.
  `(c) REDEMPTION- When property specified in subsection (a) is sold
  or forfeited to enforce the collection of a tax or assessment, a
  servicemember shall have the right to redeem or commence an action to
  redeem the servicemember's property during the period of military service
  or within 180 days after termination or release from military service. This
  subsection shall not be construed to shorten any period, now or hereafter
  provided by the law of a State, Territory, the District of Columbia,
  the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, for redemption.
  `(d) INTEREST ON TAX OR ASSESSMENT- Whenever a servicemember does not pay
  a tax or assessment when due, the amount of the tax or assessment due
  and unpaid shall bear interest until paid at the rate of 6 percent per
  year. An additional penalty or interest shall not be incurred by reason
  of nonpayment. A lien for unpaid taxes or assessments shall also include
  such interest.
  `(e) JOINT OWNERSHIP APPLICATION- This section applies to all forms of
  property owned individually by a servicemember or jointly by a servicemember
  and the servicemember's dependents.
`SEC. 502. RIGHTS IN PUBLIC LANDS.
  `(a) RIGHTS NOT FORFEITED- A servicemember does not forfeit rights initiated
  or acquired under the laws of the United States before military service,
  to lands owned or controlled by the United States, as a result of being
  absent from the land or by failing to begin or complete any work or
  improvements to the land during the period of military service.
  `(b) TEMPORARY SUSPENSION OF PERMITS OR LICENSES- If a permittee or licensee
  under the Act of June 28, 1934 (48 Stat. 1269), enters military service,
  the permit or license may be suspended upon application by the servicemember
  during the period of military service and for 180 days after termination
  or release from military service.
  `(c) REGULATIONS PRESCRIBING SUSPENSION- The Secretary of the Interior
  shall issue regulations providing for the suspension of permits or licenses
  pursuant to this section and for the remission, reduction, or refund of
  grazing fees during the period of such suspension.
  `(d) SEVERABILITY OF SECTION- This section shall not be construed to
  control specific requirements contained in this title.
`SEC. 503. DESERT-LAND ENTRIES.
  `(a) DESERT-LAND RIGHTS NOT FORFEITED- A desert-land entry made or held
  under the desert-land laws before entry into military service, by a
  servicemember or a servicemember's successor in interest, shall not be
  subject to contest or cancellation--
  `(1) for failure to expend the sum of $1.00 per acre per year in
  improvements;
  `(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 or release from military service; or
  `(3) during any period of hospitalization or rehabilitation due to wounds
  or disabilities incurred in the line of duty.
The time within which the entryman or claimant is required to make such
expenditures and effect reclamation of the land shall be exclusive of the
time periods described in paragraphs (2) and (3).
  `(b) SERVICE-RELATED DISABILITY- If the entryman or claimant is honorably
  discharged and is unable to accomplish reclamation of, and payment for,
  the land due to disability incurred in the line of duty, proof may be
  made without further reclamation or payment under rules the Secretary of
  the Interior may prescribe. A patent may then issue for the land entered
  or claimed.
  `(c) FILING REQUIREMENT- In order to obtain the protection of this section,
  the entryman or claimant must, 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) (which require that on each
  mining claim located after May 10, 1872, and until a patent has been
  issued therefor, not less than $100 worth of labor shall be performed or
  improvements made during each year), shall not apply, during the period of
  military service and for 180 days after termination or release from military
  service or during any period of hospitalization due to wounds or disabilities
  incurred in the line of duty, to claims or interests in claims which are
  owned by a servicemember and which have been regularly located and recorded.
  `(b) PERIOD OF PROTECTION FROM FORFEITURE- A mining claim or an interest
  in a claim owned by a servicemember and which have been regularly located
  and recorded shall not be subject to forfeiture for nonperformance of the
  annual assessments, during the period of military service and for the 180-day
  period thereafter or for the period of hospitalization or rehabilitation.
  `(c) FILING REQUIREMENTS- In order to obtain the protections of this section,
  the claimant of a mining location shall, before the end of the assessment
  year in which military service is begun or within 60 days after the end of
  such assessment year, cause to be filed in the office where the location
  notice or certificate 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
  military service may suspend all operations under the permit or lease for
  the duration of military service and for 180 days after termination or
  release from military service. 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 protection of this section,
  the permittee or lessee shall, within 180 days after entry into military
  service, notify the Secretary of the Interior by registered mail of the
  fact that military service has begun and of the desire to hold the claim
  under this section.
  `(c) CONTRACT MODIFICATION- This section shall not be construed to supersede
  the terms of any contract for operation of a permit or lease.
`SEC. 506. PERFECTION OR DEFENSE OF RIGHTS.
  `(a) RIGHT TO TAKE ACTION NOT AFFECTED- This title does not affect the right
  of a servicemember to take action during the period of military service,
  which may be authorized by law or regulations of the Department of the
  Interior, for the perfection, defense, or further assertion of rights
  initiated or acquired before entering military service.
  `(b) AFFIDAVITS BY SERVICEMEMBERS- A servicemember may make an affidavit
  before an officer authorized to provide notary services under section
  1044a of title 10, United States Code, or a superior commissioned officer,
  and any proof required by law, practice or regulation of the Department
  of Interior may be submitted, in connection with the entry, perfection,
  defense, or further assertion of rights initiated or acquired before entering
  military service. The affidavit is binding in law and subject to the same
  penalties as prescribed by section 1001 of title 18, United State Code.
  `(c) RULES AND REGULATIONS- The Secretary of the Interior may issue rules
  and regulations necessary to carry out the purpose of this title (other
  than sections 501, 509, and 510).
`SEC. 507. DISTRIBUTION OF INFORMATION CONCERNING BENEFITS OF TITLE.
  `(a) DISTRIBUTION OF INFORMATION BY SECRETARY CONCERNED- The Secretary
  concerned shall issue to servicemembers information explaining the provisions
  of this title.
  `(b) APPLICATION FORMS- The Secretary concerned shall provide application
  forms to servicemembers requesting relief under this title.
  `(c) INFORMATION FROM SECRETARY OF THE INTERIOR- The Secretary of the
  Interior shall furnish to the Secretary concerned information explaining
  the provisions of this title other than sections 501, 509, and 510 and
  related application forms.
`SEC. 508. LAND RIGHTS OF SERVICEMEMBERS.
  `(a) NO AGE LIMITATIONS- All servicemembers, regardless of age, are entitled
  to the full protection of laws relating to lands owned or controlled by
  the United States, including mining and mineral leasing laws. Residency
  requirements are suspended as to entry by servicemembers until 180 days
  after termination and release from military service.
  `(b) 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. INCOME TAXES.
  `(a) DEFERRAL OF TAX- Upon notice to the Internal Revenue Service or State
  tax authority, 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 or release from military
  service, if a servicemember's ability to pay income taxes is materially
  affected by reason of military service.
  `(b) ACCRUAL OF INTEREST OR PENALTY- Interest or penalty shall not accrue
  for the period of deferment by reason of nonpayment on any amount of tax
  deferred under this section.
  `(c) STATUTE OF LIMITATIONS- The running of a statute of limitations against
  the collection of tax deferred under this section, by seizure or otherwise,
  shall be suspended for the period of military service of the servicemember
  and for an additional period of 270 days.
  `(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. 510.  RESIDENCE FOR TAX PURPOSES.
  `(a) RESIDENCE OR DOMICILE- A  servicemember shall neither lose nor
  acquire a residence or domicile for purposes of taxation with respect to
  the person, personal property, or income of the servicemember by reason
  of being absent or present in any tax jurisdiction of the United States
  solely in compliance with military orders.
  `(b) MILITARY SERVICE COMPENSATION- Compensation of a servicemember for
  military service shall not be deemed to be income for services performed
  or from sources within a tax jurisdiction of the United States if the
  servicemember is not a resident or domiciliary of the jurisdiction in
  which the servicemember is serving in compliance with military orders.
  `(c) PERSONAL PROPERTY-
  `(1) 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) This subsection applies to personal property or its use within any
  tax jurisdiction other than the servicemember's legal residence or domicile.
  `(3) This section does not prevent taxation by a tax jurisdiction with
  respect to personal property used in or arising from a trade or business,
  if it has jurisdiction.
  `(4) Eligibility for relief from personal property taxes under this
  subsection is not contingent on whether or not such taxes are paid to the
  State of legal domicile.
  `(d) INCREASE OF TAX LIABILITY- A tax jurisdiction may not use the military
  compensation of a nonresident servicemember to increase the tax liability
  imposed on other income earned by the nonresident servicemember or spouse
  subject to tax by the jurisdiction.
  `(e) FEDERAL INDIAN RESERVATIONS- An Indian servicemember whose legal
  residence or domicile is a Federal Indian reservation shall be taxed by
  the laws applicable to Federal Indian reservations and not the State where
  the reservation is located.
  `(f) DEFINITIONS- For purposes of this section:
  `(1) PERSONAL PROPERTY- The term `personal property' means intangible and
  tangible property (including motor vehicles) individually or jointly owned.
  `(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 residence or domicile.
  `(3) TAX JURISDICTION- The term `tax jurisdiction' means a State or a
  political subdivision of a State.
`TITLE VI--ADMINISTRATIVE REMEDIES
`SEC. 601. INAPPROPRIATE USE OF ACT.
  `(a) INAPPROPRIATE ACTION- In a proceeding to enforce a civil right,
  the court shall enter a judgment or order as might lawfully be entered
  or made, concerning the transfer or acquisition of an interest, property,
  or contract made with the intent to delay enforcement of a civil right by
  taking advantage of this Act.
  `(b) COURT AUTHORITY- The court may proceed as authorized in subsection
  (a), notwithstanding any other provision of this Act.
`SEC. 602. CERTIFICATES OF SERVICE; PERSONS REPORTED MISSING.
  `(a) PRIMA FACIE EVIDENCE- In a proceeding to implement or enforce a
  protection under this Act, a certificate signed by the Secretary concerned
  is prima facie evidence as to any of the following facts stated in the
  certificate:
  `(1) That a person named is, is not, has been, or has not been in military
  service.
  `(2) The time and the place the person entered military service.
  `(3) The person's residence at the time the person entered military service.
  `(4) The rank, branch, and unit of military service of the person upon entry.
  `(5) The inclusive dates of the person's military service.
  `(6) The monthly pay received by the person at the date of the certificate's
  issuance.
  `(7) The time and the place the person died during, or was terminated or
  released from, 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 appearing to be signed by one of the Secretaries or an
  authorized designee is prima facie evidence of its contents and of the
  signer's authority to issue it.
  `(c) TREATMENT OF SERVICEMEMBERS IN MISSING STATUS- A servicemember who has
  been reported missing is presumed to continue in service until accounted
  for. A requirement under this Act that begins or ends with the death of
  a servicemember does not begin or end until the servicemember's death
  is reported to or determined by the Secretary concerned or by a court of
  competent jurisdiction.
`SEC. 603. INTERLOCUTORY ORDERS.
  `An interlocutory order issued by a court under this Act may be revoked,
  modified, or extended by that court upon its own motion or otherwise,
  upon notification to affected parties as required by the court.
`TITLE VII--FURTHER RELIEF
`SEC. 701. ANTICIPATORY RELIEF.
  `(a) APPLICATION FOR RELIEF- A servicemember may, during military service
  or within 180 days thereafter, apply to a court for relief--
  `(1) from any obligation or liability incurred by the servicemember before
  the servicemember's military service; or
  `(2) from a tax or assessment falling due before or during the
  servicemember's military service.
  `(b) TAX LIABILITY OR ASSESSMENT- In a case covered by subsection (a),
  the court may, if the ability of the servicemember to comply with the
  terms of the obligation or pay the tax liability or assessment is materially
  affected by reason of military service, after appropriate notice and hearing,
  grant the following relief:
  `(1) STAY OF ENFORCEMENT OF REAL ESTATE CONTRACTS- In the case of an
  obligation payable in installments under a contract for the purchase of
  real estate, or secured by a mortgage or other instrument in the nature of
  a mortgage upon real estate, the court may grant a stay of the enforcement
  of the obligation. During the servicemember's military service and, from
  the date of termination or release from military service, or from the date
  of application if made after termination or release from military service,
  a stay may be granted--
  `(A) for a period equal to the remaining life of the installment contract
  or other instrument, plus a period of time equal to the period of military
  service of the servicemember, or any part of such combined period; and
  `(B) subject to payment of the balance of the principal and accumulated
  interest due and unpaid at the date of termination or release from the
  applicant's military service or from the date of application, in equal
  installments during the combined period, on the unpaid balance at the rate
  of interest prescribed in the contract or other instrument evidencing the
  obligation, and subject to other terms as may be equitable.
  `(2) STAY OF ENFORCEMENT OF OTHER CONTRACTS- In the cases of other
  obligations, liabilities, taxes, or assessments, the court may grant a
  stay of enforcement during the servicemember's military service and, from
  the date of termination or release from military service, or from the date
  of application if made after termination or release from military service--
  `(A) for a period of time equal to the period of the servicemember's
  military service or any part;
  `(B) subject to payment of the balance of principal and accumulated interest
  due and unpaid at the date of termination or release from military service,
  or the date of application; and
  `(C) in equal periodic installments during this extended period at the rate
  of interest as may be prescribed for this obligation, liability, tax, or
  assessment, if paid when due, and subject to other terms as may be equitable.
  `(c) EFFECT OF STAY ON FINE OR PENALTY- When a court grants a stay under
  this section, a fine or penalty shall not accrue on the obligation,
  liability, tax, or assessment for the period of compliance with the terms
  and conditions of the stay.
`SEC. 702. POWER OF ATTORNEY.
  `(a) AUTOMATIC EXTENSION- Notwithstanding any other provision of law,
  a power of attorney shall be automatically extended for the period a
  servicemember is in a missing status if the power of attorney--
  `(1) was duly executed by a servicemember who is in a missing status
  (as defined in section 551(2) of title 37, United States Code);
  `(2) designates the servicemember's spouse, parent, or other named relative
  as the servicemember's attorney in fact for certain, specified, or all
  purposes; and
  `(3) expires by its terms after the servicemember entered a missing status.
  `(b) LIMITATION ON POWER OF ATTORNEY EXTENSION- A power of attorney
  executed after March 18, 1991, by a servicemember in military service may
  not be extended under subsection (a) if the document by its terms clearly
  indicates that the power granted expires on the date specified even though
  the servicemember, after the date of execution of the document, enters a
  missing status.
  `(c) APPLICATION- This section applies to the following powers of attorney
  executed by a servicemember in military service or under a call or order to
  report for military service (or is advised by an official of the Department
  of Defense that the servicemember may receive a call or order to report
  for active duty):
  `(1) A power of attorney 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. 703. PROFESSIONAL LIABILITY PROTECTION.
  `(a) APPLICATION- This section applies to a servicemember who--
  `(1) after July 31, 1990, is ordered to active duty (other than for training)
  pursuant to section 672(a) or (g), 673, 673(b), 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 when servicemembers are on active
  duty pursuant to any of the preceding sections; and
  `(2) before receiving the order to active duty--
  `(A) was engaged in the furnishing of health-care or legal services or
  other services determined by the Secretary of Defense to be professional
  services; and
  `(B) had in effect a professional liability insurance policy that does not
  continue to cover claims filed with respect to the servicemember during
  the period of the servicemember's active duty unless the premiums are paid
  for such coverage for such period.
  `(b) LIABILITY INSURANCE POLICY PERIOD SUSPENSION-
  `(1) The policy period for coverage of a servicemember referred to in
  subsection (a) by a professional liability insurance policy shall be
  suspended by the insurance carrier in accordance with this subsection upon
  receipt of a written request from the servicemember or the servicemember's
  legal representative.
  `(2) A professional liability insurance carrier--
  `(A) may not require that premiums be paid by or on behalf of a servicemember
  for any professional liability insurance coverage suspended pursuant to
  paragraph (1); and
  `(B) shall refund pro rata any amount paid for coverage for the period of
  such suspension or, upon the election of such servicemember, apply such
  amount for the payment of any premium becoming due upon the reinstatement
  of such coverage.
  `(3) A professional liability insurance carrier shall not be liable with
  respect to any claim that is based on professional conduct (including any
  failure to take any action in a professional capacity) of a servicemember
  that occurs during a period of suspension of that servicemember's
  professional liability insurance under this subsection.
  `(4) For the purposes of paragraph (3), 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 the suspension of professional liability
  insurance under this subsection, except in a case in which professional
  services were provided after the date of the beginning of such period.
  `(c) REINSTATEMENT OF PROFESSIONAL LIABILITY INSURANCE POLICY PERIOD-
  `(1) Professional liability insurance policy periods suspended in the case
  of any servicemember pursuant to subsection (b) shall be reinstated by
  the insurance carrier on the date on which that servicemember transmits
  the request to the insurance carrier for reinstatement.
  `(2) The request of a servicemember for reinstatement shall be effective
  only if the servicemember transmits the request to the insurance carrier
  within 30 days after the date on which the servicemember is released from
  active duty. The insurance carrier shall notify the servicemember of the
  due date for payment of the premium of such insurance. Such premium shall
  be paid by the servicemember within 30 days after receipt of that notice.
  `(3) The period for which professional liability insurance coverage shall
  be reinstated for a servicemember under this subsection may not be less
  than the balance of the period for which coverage would have continued
  under the insurance policy if the coverage had not been suspended.
  `(d) PREMIUM INCREASES-
  `(1) LIMITATION ON INCREASES IN PREMIUMS- An insurance carrier may not
  increase the amount of the premium charged for professional liability
  insurance coverage of any servicemember for the minimum period of the
  reinstatement of such coverage required under subsection (c)(3) to an amount
  greater than the amount chargeable for such coverage for such period before
  the suspension.
  `(2) EXCEPTION- Paragraph (1) does not prevent an increase in premium to
  the extent of any general increase in the premiums charged by that carrier
  for the same professional liability coverage for persons similarly covered
  by such insurance during the period of the suspension.
  `(e) LIMITS OF SECTION PROTECTION- This section does not--
  `(1) require a suspension of professional liability insurance protection
  for any person who is not a person referred to in subsection (a) and who is
  covered by the same professional liability insurance as a person referred
  to in such subsection; or
  `(2) relieve any person of the obligation to pay premiums for the coverage
  not required to be suspended.
  `(f) CONDITION FOR STAY OF CIVIL OR ADMINISTRATIVE ACTION-
  `(1) STAY OF ACTIONS- A civil or administrative action for damages on the
  basis of the alleged professional negligence or other professional liability
  of a servicemember whose professional liability insurance coverage has
  been suspended under subsection (b) shall be stayed until the end of the
  period of the suspension if--
  `(A) the action was commenced during the period of the suspension;
  `(B) the action is based on an act or omission that occurred before the
  date on which the suspension became effective; and
  `(C) the suspended professional liability insurance would, except for
  the suspension, on its face cover the alleged professional negligence or
  other professional liability negligence or other professional liability
  for the servicemember.
  `(2) DATE OF COMMENCEMENT OF ACTION- Whenever a civil or administrative
  action for damages is stayed under paragraph (1) in the case of any
  servicemember, the action shall have been deemed to have been filed on
  the date on which the professional liability insurance coverage of the
  servicemember is reinstated under subsection (c).
  `(g) COMPUTATION OF ANY STATUTORY PERIOD OF LIMITATION- In the case of a
  civil or administrative action for which a stay could have been granted
  under subsection (f) by reason of the suspension of professional liability
  insurance coverage of the defendant under this section, the period of the
  suspension of the coverage shall be excluded from the computation of any
  statutory period of limitation on the commencement of such action.
  `(h) EFFECT OF SERVICEMEMBER'S DEATH- If a person whose professional
  liability insurance coverage is suspended under subsection (b) dies during
  the period of suspension--
  `(1) the requirement for the grant or continuance of a stay in any civil
  or administrative action against such servicemember under subsection (f)(1)
  shall terminate on the date of the death of such servicemember; and
  `(2) the carrier of the professional liability insurance so suspended shall
  be liable for any claim for damages for professional negligence or other
  professional liability of the deceased servicemember in the same manner
  and to the same extent as such carrier would be liable if the servicemember
  had died while covered by such insurance but before the claim was filed.
  `(i) DEFINITIONS- For purposes of this section:
  `(1) 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. 704. HEALTH INSURANCE REINSTATEMENT.
  `(a) REINSTATEMENT OF HEALTH INSURANCE- A servicemember who, by reason
  of military service, as defined in section 702(a)(1), is entitled to the
  rights and protections of this Act shall also be entitled upon termination
  or release from military service, to reinstatement of any health insurance
  that--
  `(1) was in effect on the day before the servicemember was ordered to
  report for active military service; and
  `(2) was terminated during that period of military service.
  `(b) NO EXCLUSIONS OR WAITING PERIODS- The reinstatement of health insurance
  coverage for the health or physical condition of a servicemember described
  in subsection (a), or any other person covered under that policy, shall
  not be subjected to an exclusion or a waiting period, if--
  `(1) the condition arose before or during the servicemember's period of
  military training or military service,
  `(2) an exclusion or a waiting period would not be imposed for the condition
  during the period of coverage, and
  `(3) the condition of the servicemember is not determined by the Secretary
  of Veterans Affairs to be a disability incurred or aggravated in the line
  of duty (within the meaning of section 105 of title 38, United States Code).
  `(c) EXCEPTIONS- Subsection (a) does not apply to a servicemember entitled
  to participate in employer-offered insurance benefits pursuant to the
  provisions of chapter 43 of title 38, United States Code.'.
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- Section 5569(e) of title 5, United States
  Code, is amended--
  (1) in paragraph (1), by striking out `provided by' and all that follows
  through `of such Act' and inserting in lieu thereof `provided by the
  Servicemembers' Civil Relief Act, including the benefits of section 702 of
  such Act but excluding the benefits provided by sections 104, 105, and 105,
  title IV, and title V (other than sections 501 and 509) of such Act'; and
  (2) in paragraph (2), by striking out `person in the military service'
  and inserting in lieu thereof `servicemember'.
  (c) TITLE 10, UNITED STATES CODE- Section 1408(b)(1)(D) of title 10,
  United States Code, is amended by striking out `Soldiers' and Sailors'
  Civil Relief Act of 1940' and inserting in lieu thereof `Servicemembers'
  Civil Relief Act'.
  (d) INTERNAL REVENUE CODE-
  (1) Section 6362(f)(8) of the Internal Revenue Code of 1986 is amended by
  striking out `section 514 of the Soldiers' and Sailors' Civil Relief Act'
  and inserting in lieu thereof `section 510 of the Servicemembers' Civil
  Relief Act'.
  (2) Section 7654(d)(1) of the Internal Revenue Code of 1986 is amended by
  striking out `Soldiers' and Sailors' Civil Relief Act' and inserting in
  lieu thereof `Servicemembers' Civil Relief Act'.
  (e) PUBLIC LAW 91-621- Section 3(a)(3) of Public Law 91-621 (33
  U.S.C. 857-3(a)(3)) is amended by striking out `Soldiers' and Sailors'
  Civil Relief Act of 1940, as amended' and inserting in lieu thereof
  `Servicemembers' Civil Relief Act'.
  (f) PUBLIC HEALTH SERVICE ACT- Section 212(e) of the Public Health Service
  Act (42 U.S.C. 213(e)) is amended by striking out `Soldiers' and Sailors'
  Civil Relief Act of 1940' and inserting in lieu thereof `Servicemembers'
  Civil Relief Act'.
  (g) NATIONAL HOUSING ACT- Section 204(a) of the National Housing Act
  (12 U.S.C. 1710(a)) is amended by striking out `sections 302 and 306 of
  the Soldiers' and Sailors' Civil Relief Act of 1940' in the fifth proviso
  and inserting in lieu thereof `sections 303 and 308 of the Servicemembers'
  Civil Relief Act'.
  (h) TITLE 18, UNITED STATES CODE- Section 3613(c) of title 18, United States
  Code, is amended by striking out `section 513 of the Act of October 17,
  1940, 54 Stat. 1190,' and inserting in lieu thereof `section 509 of the
  Servicembers' Civil Relief Act (50 U.S.C. App. 573)'.
SEC. 3. EFFECTIVE DATE.
  The amendment made by section 1 shall apply to any case decided after the
  date of the enactment of this Act.