S.792 - Servicemembers Civil Relief Act108th Congress (2003-2004)
|Sponsor:||Sen. Miller, Zell [D-GA] (Introduced 04/07/2003)|
|Committees:||Senate - Veterans' Affairs|
|Latest Action:||Senate - 07/10/2003 Committee on Veterans' Affairs. Hearings held. (All Actions)|
|Notes:||For further action, see H.R. 100, which became Public Law 108-189 on 12/19/2003.|
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Summary: S.792 — 108th Congress (2003-2004)All Information (Except Text)
Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to rename the Act as the Servicemembers' Civil Relief Act and to revise provisions with respect to certain civil protections and rights afforded to servicemembers while on active-duty assignment. Authorizes any servicemember to waive any of such rights and protections, pursuant to written agreement.
Introduced in Senate (04/07/2003)
Provides certain protections of servicemembers against default judgments, including a minimum 90-day stay of proceedings, with respect to the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability.
Prohibits an eviction or distress from being made against a servicemember or his or her dependents during a period of military service for a premise for which rent does not exceed $1,700 (currently $1,200), except by court order. Prohibits: (1) rescinding or terminating for breach of contract during a period of military service a contract for the purchase or lease of real or personal property entered into prior to such service; and (2) a person holding a lien on property or effects of a servicemember from foreclosing or otherwise enforcing such lien (with penalties and protection for materially affected dependents) during a period of service and 90 days thereafter.
Increases the total amount of life insurance coverage protection provided under the Act to $250,000, or an amount equal to the Servicemembers' Group Life Insurance maximum limit, whichever is greater.
Allows findings of fact and conclusions of law made by the Secretary of Veterans Affairs in administering the life insurance provisions of the Act to be reviewed by the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims (not reviewable under current law).