SERVICEMEMBERS CIVIL RELIEF ACT (“SCRA”) 50 USC App

SERVICEMEMBERS CIVIL RELIEF ACT (“SCRA”)

50 U.S.C. App. §§501-597b

[Note: The section numbers shown herein are citations to 50 U.S.C. App. §___. The

section numbers from the current Act, as amended, are shown after the section titles in

bracketed italics.]

INDEX TO SCRA

(section numbers refer to 50 U.S.C. App. §___)

Sec. 501 Short title; table of contents

Sec. 502 Purpose

TITLE I – GENERAL PROVISIONS

Sec. 511 Definitions

Sec. 512 Jurisdiction and applicability of Act

Sec. 513 Protection of persons secondarily liable

Sec. 514 Extension of protections to citizens serving with allied forces

Sec. 515 Notification of benefits

Sec. 515a Information for members of the Armed Forces and their dependents on rights

and protections of the Servicemembers Civil Relief Act

Sec. 516 Extension of rights and protections to Reserves ordered to report for

military service and to persons ordered to report for induction

Sec. 517 Waiver of rights pursuant to written agreement

Sec. 518 Exercise of rights under Act not to affect certain future financial

transactions

Sec. 519 Legal representatives

TITLE II – GENERAL RELIEF

Sec. 521 Protection of servicemembers against default judgments

Sec. 522 Stay of proceedings when servicemember has notice

Sec. 523 Fines and penalties under contracts

Sec. 524 Stay or vacation of execution of judgments, attachments, and

garnishments

Sec. 525 Duration and term of stays; codefendants not in service.

Sec. 526 Statute of limitations

Sec. 527 Maximum rate of interest on debts incurred before military service

Current as of the end of the 111

Congress in 2010. The Servicemembers Civil Relief Act was enacted as P.L.

108-189, effective December 19, 2003. It has been amended by P.L. 108-454 (adding 50 U.S.C. §511 (9) and

amending §517), P.L. 109-163 (adding §515a), P.L. 110-181 (amending 50 U.S.C. App. §§521 and 522), P.L.

110-289 (amending 50 U.S.C. §§527 and 533), P.L. 109-233 (amending 50 U.S.C. App. §594); P.L. 110-389

(amending §§527 and 535 and adding §535a), P.L. 111-97 (amending 50 U.S.C. App. §§568, 571), P.L. 111-

275 (amending §§535 and 535a, and adding §§597, 597a and 597b), effective October 13, 2010, and S.4508,

which amended P.L. 111-289 by extending the “sunset” provision of 50 U.S.C. App. §533(b) to December 31,

2012.

TITLE III – RENT, INSTALLMENT CONTRACTS,

MORTGAGES, LIENS, ASSIGNMENT, LEASES

Sec. 531 Evictions and distress

Sec. 532 Protection under installment contracts for purchase or lease

Sec. 533 Mortgages and trust deeds

Sec. 534 Settlement of stayed cases relating to personal property

Sec. 535 Termination of residential or motor vehicle leases

Sec. 535a Termination of telephone service contracts

Sec. 536 Protection of life insurance policy

Sec. 537 Enforcement of storage liens

Sec. 538 Extension of protections to dependents

TITLE IV – LIFE INSURANCE

Sec. 541 Definitions

Sec. 542 Insurance rights and protections

Sec. 543 Application for insurance protection

Sec. 544 Policies entitled to protection and lapse of policies.

Sec. 545 Policy restrictions

Sec. 546 Deduction of unpaid premiums

Sec. 547 Premiums and interest guaranteed by United States.

Sec. 548 Regulations

Sec. 549 Review of findings of fact and conclusions of law

TITLE V – TAXES AND PUBLIC LANDS

Sec. 561 Taxes respecting personal property, money, credits, and real property

Sec. 562 Rights in public lands

Sec. 563 Desert-land entries

Sec. 564 Mining claims

Sec. 565 Mineral permits and leases

Sec. 566 Perfection or defense of rights

Sec. 567 Distribution of information concerning benefits of title

Sec. 568 Land rights of servicemembers

Sec. 569 Regulations

Sec. 570 Income taxes

Sec. 571 Residence for tax purposes

TITLE VI – ADMINISTRATIVE REMEDIES

Sec. 581 Inappropriate use of Act

Sec. 582 Certificates of service; persons reported missing

Sec. 583 Interlocutory orders

TITLE VII – FURTHER RELIEF

Sec. 591 Anticipatory relief

Sec. 592 Power of attorney

Sec. 593 Professional liability protection

Sec. 594 Health insurance reinstatement

Sec. 595 Guarantee of residency for military personnel and spouses of military

personnel

Sec. 596 Business or trade obligations

TITLE VIII – CIVIL LIABILITY

Sec. 597 Enforcement by the Attorney General

Sec. 597a Private right of action

Sec. 597b Preservation of remedies

§ 501. Short title [Sec. 1]

This Act [50 U.S.C. App. §§ 501 et seq.] may be cited as the Servicemembers Civil Relief

Act.

§ 502. Purpose [Sec. 2]

The purposes of this Act are—

(1) to provide for, strengthen, and expedite the national defense through protection extended

by this Act to servicemembers of the United States to enable such persons to devote their

entire energy to the defense needs of the Nation; and

(2) to provide for the temporary suspension of judicial and administrative proceedings and

transactions that may adversely affect the civil rights of servicemembers during their military

service.

TITLE I -- GENERAL PROVISIONS

§ 511. Definitions [Sec. 101]

For the purposes of this Act:

(1) Servicemember

The term "servicemember" means a member of the uniformed services, as that term is

defined in section 101(a)(5) of title 10, United States Code.

(2) Military service. The term "military service" means—

(A) in the case of a servicemember who is a member of the Army, Navy, Air

Force, Marine Corps, or Coast Guard—

(i) active duty, as defined in section 101(d)(1) of title 10, United

States Code, and

(ii) in the case of a member of the National Guard, includes

service under a call to active service authorized by the

President or the Secretary of Defense for a period of more than

30 consecutive days under section 502(f) of title 32, United

States Code, for purposes of responding to a national

emergency declared by the President and supported by Federal

funds;

(B) in the case of a servicemember who is a commissioned officer of the

Public Health Service or the National Oceanic and Atmospheric

Administration, active service; and

of sickness, wounds, leave, or other lawful cause.

(3) Period of military service. The term "period of military service" means the period

beginning on the date on which a servicemember enters military service and ending on the

date on which the servicemember is released from military service or dies while in military

service.

(4) 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

of the individual's support for 180 days immediately preceding an application

for relief under this Act [sections 501 to 596 of this Appendix].

(5) Court. The term "court" means a court or an administrative agency of the United

States or of any State (including any political subdivision of a State), whether or not a court

or administrative agency of record.

(6) State. The term "State" includes—

(A) a commonwealth, territory, or possession of the United States; and

(B) the District of Columbia.

(7) Secretary concerned. The term "Secretary concerned"—

(A) with respect to a member of the armed forces, has the meaning given that

term in section 101(a)(9) of title 10, United States Code;

(B) with respect to a commissioned officer of the Public Health Service,

means the Secretary of Health and Human Services; and

Atmospheric Administration, means the Secretary of Commerce.

(8) Motor vehicle. The term "motor vehicle" has the meaning given that term in

section 30102(a)(6) of title 49, United States Code.

(9) Judgment. The term ‘judgment’ means any judgment, decree, order, or ruling,

final or temporary.

Subsection (9) was added by P.L. 108-454, effective December 10, 2004.

§ 512. Jurisdiction and applicability of Act [Sec. 102]

(a) Jurisdiction

This Act applies to—

(1) the United States;

(2) each of the States, including the political subdivisions thereof; and

(3) all territory subject to the jurisdiction of the United States.

(b) Applicability to proceedings

This Act 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.

When under this Act any application is required to be made to a court in which no

proceeding has already been commenced with respect to the matter, such application may be

made to any court which would otherwise have jurisdiction over the matter.

§ 513. Protection of persons secondarily liable [Sec. 103]

(a) Extension of protection when actions stayed, postponed, or suspended. 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 or enforcement of which is

stayed, postponed, or suspended.

(b) Vacation or set-aside of judgments. When a judgment or decree is vacated or set aside,

in whole or in part, pursuant to this Act, 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.

bail bond during the period of military service of the principal on the bond when military

service prevents the surety from obtaining the attendance of the principal. The court may

discharge the surety and exonerate the bail, in accordance with principles of equity and

justice, during or after the period of military service of the principal.

(d) Waiver of rights.

(1) Waivers not precluded. This Act does not prevent a waiver in writing by a surety,

guarantor, endorser, accommodation maker, comaker, or other person (whether

primarily or secondarily liable on an obligation or liability) of the protections

provided under subsections (a) and (b). Any such waiver is effective only if it is

executed as an instrument separate from the obligation or liability with respect to

which it applies.

(2) Waiver invalidated upon entrance to military service. If a waiver under paragraph

(1) is executed by an individual who after the execution of the waiver enters military

service, or by a dependent of an individual who after the execution of the waiver

enters military service, the waiver is not valid after the beginning of the period of

such military service unless the waiver was executed by such individual or dependent

during the period specified in section [50 U.S.C. App. §516].

§ 514. Extension of protections to citizens serving with allied forces [Sec. 104]

A citizen of the United States who is serving with the forces of a nation with which the

United States is allied in the prosecution of a war or military action is entitled to the relief

and protections provided under this Act if that service with the allied force is similar to

military service as defined in this Act. The relief and protections provided to such citizen

shall terminate on the date of discharge or release from such service.

§ 515. Notification of benefits [Sec. 105]

The Secretary concerned shall ensure that notice of the benefits accorded by this Act is

provided in writing to persons in military service and to persons entering military service.

§515a. Information for members of the Armed Forces and their dependents on rights

and protections of the Servicemembers Civil Relief Act [Sec. 105a]

(a) Outreach to members. The Secretary concerned shall provide to each member of the

Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and

protections available to members and their dependents under the Servicemembers Civil

Relief Act.

(b) Time of provision. The information required to be provided under subsection (a) to a

member shall be provided at the following times:

(1) During the initial orientation training of the members.

(2) In the case of a member of a reserve component, during the initial

orientation training of the member and when the member is mobilized or otherwise

individually called or ordered to active duty for a period of more than one year.

(3) At such other times as the Secretary concerned considers appropriate.

members under the jurisdiction of the Secretary pertinent information on the rights and

protections available to members and their dependents under the Servicemembers Civil

Relief Act.

(d) Definitions. In this section, the terms “dependent” and “Secretary concerned” have the

meanings given such terms in section 101 of the Servicemembers Civil Relief Act [50 U.S.C.

App. §511].

§ 516. Extension of rights and protections to reserves ordered to report for military

service and to persons ordered to report for induction [Sec. 106]

(a) Reserves ordered to report for military service. A member of a reserve component who is

ordered to report for military service is entitled to the rights and protections of this title and

titles II and III during the period beginning on the date of the member's receipt of the order

and ending on the date on which the member reports for military service (or, if the order is

revoked before the member so reports, or the date on which the order is revoked).

(b) Persons ordered to report for induction. A person who has been ordered to report for

induction under the Military Selective Service Act (50 U.S.C. App. 451 et seq.) is entitled to

the rights and protections provided a servicemember under this title and titles II and III

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).

§ 517. Waiver of rights pursuant to written agreement [Sec. 107]

(a) In general. A servicemember may waive any of the rights and protections provided by

this Act. Any such waiver that applies to an action listed in subsection (b) of this section is

effective only if it is in writing and is executed as an instrument separate from the obligation

or liability to which it applies. In the case of a waiver that permits an action described in

subsection (b), the waiver is effective only if made pursuant to a written agreement of the

parties that is executed during or after the servicemember's period of military service. The

written agreement shall specify the legal instrument to which the waiver applies and, if the

servicemember is not a party to that instrument, the servicemember concerned.

(b) Actions requiring waivers in writing. The requirement in subsection (a) for a written

waiver applies to the following:

(1) The modification, termination, or cancellation of—

(A) a contract, lease, or bailment; or

(B) an obligation secured by a mortgage, trust, deed, lien, or other security in

the nature of a mortgage.

(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of

property that—

(A) is security for any obligation; or

(B) was purchased or received under a contract, lease, or bailment.

or protection provided by this Act that applies to a contract, lease, or similar legal instrument

must be in at least 12 point type.

(d) Coverage of periods after orders received. For the purposes of this section—

(1) a person to whom section 106 [50 U.S.C. App. §516] applies shall be considered

to be a servicemember; and

(2) the period with respect to such a person specified in subsection (a) or (b), as the

case may be, of section 106 [50 U.S.C. App. §516] shall be considered to be a period

of military service.

§ 518. Exercise of rights under Act not to affect certain future financial transactions

[Sec. 108]

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

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.

§ 519. Legal representatives [Sec. 109]

(a) Representative. A legal representative of a servicemember for purposes of this Act is

either of the following:

(1) An attorney acting on the behalf of a servicemember.

(2) An individual possessing a power of attorney.

(b) Application. Whenever the term "servicemember" is used in this Act, such term shall be

treated as including a reference to a legal representative of the servicemember.

TITLE II – GENERAL RELIEF

§ 521. Protection of servicemembers against default judgments [Sec. 201]

(a) Applicability of section. This section applies to any civil action or proceeding, including

any child custody 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 applicable Federal or

State law or regulation or under any applicable ordinance of a political subdivision of a State.

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) Satisfaction of requirement for affidavit. 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.

permitted under subsection (b) (or a statement, declaration, verification, or certificate as

The phrase “including any child custody proceeding” was added by P.L. 110-181, effective January 28, 2008.

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 [50 U.S.C. App.

§522].

(f) Section 202 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 [50 U.S.C. App. §522].

(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 60 days after termination of or release

from such military service), the court entering the judgment shall, upon application by or on

behalf of the servicemember, reopen the judgment for the purpose of allowing the

servicemember to defend the action if it appears that—

(A) the servicemember was materially 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 termination of or 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.

§ 522. Stay of proceedings when servicemember has notice [Sec. 202]

(a) Applicability of section. This section applies to any civil action or proceeding, including

any child custody proceeding, in which the plaintiff or defendant at the time of filing an

application under this section

(1) is in military service or is within 90 days after termination of or release from

military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings.

(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, if the conditions in paragraph (2) are met.

(2) Conditions for stay. An application for a stay under paragraph (1) 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.

not constitute an appearance for jurisdictional purposes and 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 affect 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)(2) shall be included in an application

under this subsection.

The word “plaintiff” was added by P.L. 108-454, effective December 10, 2004. The phrase “including any

child custody proceeding” was added by P.L. 110-181, effective January 28, 2008.

(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 [50 U.S.C. App. §521]. A servicemember who applies for

a stay under this section and is unsuccessful may not seek the protections afforded by section

201 [50 U.S.C. App. §521].

(f) Inapplicability to section 301 [50 U.S.C. App. §531]. The protections of this section do

not apply to section 301 [50 U.S.C. App. §531].

§ 523. Fines and penalties under contracts[Sec. 203]

(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.

§ 524. Stay or vacation of execution of judgments, attachments, and garnishments

[Sec. 204]

(a) Court action upon material affect determination. If a servicemember, in the opinion of

the court, is materially affected by reason of military service in complying with a court

judgment or order, the court may on its own motion and shall on application by the

servicemember—

(1) stay the execution of any judgment or order entered against the servicemember;

and

(2) vacate or stay an attachment or garnishment of property, money, or debts in the

possession of the servicemember or a third party, whether before or after judgment.

(b) Applicability. This section applies to an action or proceeding commenced in a court

against a servicemember before or during the period of the servicemember's military service

or within 90 days after such service terminates.

§ 525. Duration and term of stays; codefendants not in service [Sec. 205]

(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. The court may set the terms and amounts for

such installment payments as is considered reasonable by the court.

(b) Codefendants. If the servicemember is a codefendant with others who are not in military

service and who are not entitled to the relief and protections provided under this Act, the

plaintiff may proceed against those other defendants with the approval of the court.

App. §§522 and 591].

§ 526. Statute of limitations [Sec. 206]

(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 political subdivision 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.

limitation prescribed by or under the internal revenue laws of the United States.

§ 527. Maximum rate of interest on debts incurred before military service

[Sec. 207]

(a) Interest rate limitation.

(1) Limitation to 6 percent. An obligation or liability bearing interest at a rate in

excess of 6 percent per year that is incurred by a servicemember, or the servicemember and

the servicemember's spouse jointly, before the servicemember enters military service shall

not bear interest at a rate in excess of 6 percent –

(A) during the period of military service and one year thereafter, in the case of

an obligation or liability consisting of a mortgage, trust deed, or other security

in the nature of a mortgage; or

(B) during the period of military service, in the case of any other obligation or

liability.

(2) Forgiveness of interest in excess of 6 percent. Interest at a rate in excess of 6

percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is

forgiven.

(3) Prevention of acceleration of principal. The amount of any periodic payment due

from a servicemember under the terms of the instrument that created an obligation or liability

covered by this section shall be reduced by the amount of the interest forgiven under

paragraph (2) that is allocable to the period for which such payment is made.

(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 order to active duty. 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.

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) Definitions.

In this section:

(1) Interest. The term “interest” includes service charges, renewal charges, fees, or

any other charges (except bona fide insurance) with respect to an obligation or liability.

(2) Obligation or liability. The term “obligation or liability” includes an obligation or

liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage.

(e) Penalty. Whoever knowingly violates subsection (a) shall be fined as provided in title 18,

United States Code, imprisoned for not more than one year, or both.

The definition of an obligation as either a mortgage debt or “any other obligation” was an amendment

established by §2203 of P.L. 111-289, effective July 30, 2008.

The definitions of “interest” and “obligation or liability” were added by §2203 of P.L. 111-289, effective July

30, 2008.

The penalty provision of subsection (e) was added by P.L. 110-389, effective October 10, 2008.

TITLE III – RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS,

ASSIGNMENT, LEASES

§ 531. Evictions and distress [Sec. 301]

(a) Court-ordered eviction.

(1) In general. Except by court order, a landlord (or another person with paramount

title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a

period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a

residence; and

(ii) for which the monthly rent does not exceed $2,400, as adjusted

under paragraph (2) for years after 2003;

(B) subject such premises to a distress during the period of military service.

(2) Housing price inflation adjustment

(A) For calendar years beginning with 2004, the amount in effect under

paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for

the calendar year involved.

(B) For purposes of this paragraph—

(i) The housing price inflation adjustment for any calendar year is the

percentage change (if any) by which –

(I) the CPI housing component for November of the preceding

calendar year, exceeds

(II) the CPI housing component for November of 1984.

(ii) The term "CPI housing component" means the index published by

the Bureau of Labor Statistics of the Department of Labor known as

the Consumer Price Index, All Urban Consumers, Rent of Primary

Residence, U.S. City Average.

(3) Publication of housing price inflation adjustment

. The Secretary of Defense shall

cause to be published in the Federal Register each year the amount in effect under paragraph

The CPI-adjusted maximum rental rate for 2011 is $2,975.54.

(1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant

to paragraph (2). Such publication shall be made for a year not later than 60 days after such

adjustment is made for that year.

(b) Stay of execution

(1) Court authority. Upon an application for eviction or distress 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) Relief to landlord. 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)

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.

(d) Rent allotment from pay of servicemember. To the extent required by a court order

related to property which is the subject of a court action under this section, the Secretary

concerned shall make an allotment from the pay of a servicemember to satisfy the terms of

such order, except that any such allotment shall be subject to regulations prescribed by the

Secretary concerned establishing the maximum amount of pay of servicemembers that may

be allotted under this subsection.

(e) Limitation of applicability

. Section 202 [50 U.S.C. §522] is not applicable to this section.

§ 532. Protection under installment contracts for purchase or lease [Sec. 302]

(a) Protection upon breach of contract.

(1) Protection after entering military service

. After a servicemember enters military

service, a contract by the servicemember for—

(A) the purchase of real or personal property (including a motor vehicle); or

(B) the lease or bailment of such property,

may not be rescinded or terminated for a breach of terms of the contract occurring before or

during that person's military service, nor may the property be repossessed for such breach

without a court order.

(2) Applicability. This section applies only to a contract for which a deposit or

installment has been paid by the servicemember before the servicemember enters military

service.

(b) Misdemeanor. A person who knowingly resumes possession of property in violation of

subsection (a), or in violation of section 107 of this Act [50 U.S.C. App. §517], 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.

(1) may 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;

(2) 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,

stay the proceedings for a period of time as, in the opinion of the court, justice and equity

require; or

(3) may make other disposition as is equitable to preserve the interests of all parties.

§ 533. Mortgages and trust deeds [Sec. 303]

(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 security in the nature of a mortgage.

(b) Stay of proceedings and adjustment of obligation

. In an action filed during, or within 9

months

after, a 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 a period of time as justice and equity require, or

(2) adjust the obligation to preserve the interests of all parties.

The phrase “or within 9 months” in subsections (b) and (c) was added by P.L. 110-289, effective July 30,

2008. The “sunset” of the additional 9 month period of protection was extended to December 31, 2012 by S.

4508, which passed on December 22, 2010.

obligation described in subsection (a) shall not be valid if made during, or within 9 months

after, the period of the servicemember's military service except—

(1) upon a court order granted before such sale, foreclosure, or seizure with a return

made and approved by the court; or

(2) if made pursuant to an agreement as provided in section 107 [50 U.S.C. App.

§517].

(d) 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.

§ 534. Settlement of stayed cases relating to personal property [Sec. 304]

(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.

§ 535. Termination of residential or motor vehicle leases

[Sec. 305]

(a) Termination by lessee.

(1) In general. The lessee on a lease described in subsection (b) may, at the lessee’s

option, terminate the lease at any time after –

(a) the lessee’s entry into military service; or

(b) the date of the lessee’s military orders described in paragraph (1)(B) of

(2)(B) of subsection (b), as the case may be.

50 U.S.C. App. §535 is among the most frequently amended sections in the SCRA. Congress has continued

to amend the section as a result of the continuing efforts of landlords and leasing companies to try and defeat

the purpose of the section, which is to allow servicemembers to terminate premises and vehicle leases when

they are not in a position to utilize the premises or vehicles because of their military service. The principal

amendments to this section have been made by P.L. 108-454, effective December 10, 2004, and P.L. 111-275,

effective October 13, 2010.

(2) Joint leases. A lessee’s termination of a lease pursuant to this subsection shall

terminate any obligation a dependent of the lessee may have under the lease.

(b) Covered leases. This section applies to the following leases:

(1) Leases of premises. A lease of premises occupied, or intended to be occupied, by

a servicemember or a servicemember's dependents for a residential, professional, business,

agricultural, or similar purpose if—

(A) the lease is executed by or on behalf of a person who thereafter and during

the term of the lease enters military service; or

(B) the servicemember, while in military service, executes the lease and

thereafter receives military orders for a permanent change of station or to deploy with

a military unit or as an individual in support of a military operation for a period of not

less than 90 days.

(2) Leases of motor vehicles. A lease of a motor vehicle used, or intended to be used,

by a servicemember or a servicemember's dependents for personal or business transportation

if—

(A) the lease is executed by or on behalf of a person who thereafter and during

the term of the lease enters military service under a call or order specifying a period

of not less than 180 days (or who enters military service under a call or order

specifying a period of 180 days or less and who, without a break in service, receives

orders extending the period of military service to a period of not less than 180 days);

(B) the servicemember, while in military service, executes the lease and

thereafter receives military orders –

(i) for a change of permanent station –

(I) from a location in the continental United States to a location

outside the continental United States; or

(II) from a location in a State outside the continental United

States to any location outside that State; or

(ii) to deploy with a military unit or as an individual in support of a

military operation for a period of not less than 180 days.

(1) In general. Termination of a lease under subsection (a) is made —

(A) by delivery by the lessee of written notice of such termination, and a copy

of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the

lessor's agent (or the agent's grantee); and

(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by

the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's

grantee), not later than 15 days after the date of the delivery of written notice under

subparagraph (A).

(2) Delivery of notice. Delivery of notice under paragraph (1)(A) may be

accomplished —

(A) by hand delivery;

(B) by private business carrier; or

with return receipt requested, and addressed as designated by 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.

(d) Effective date of lease termination.

(1) Leases of premises. In the case of a lease described in subsection (b)(1) that

provides for monthly payment of rent, termination of the lease under subsection (a) is

effective 30 days after the first date on which the next rental payment is due and payable

after the date on which the notice under subsection (c) is delivered. In the case of any other

lease described in subsection (b)(1), termination of the lease under subsection (a) is effective

on the last day of the month following the month in which the notice is delivered.

(2) Leases of motor vehicles. In the case of a lease described in subsection (b)(2),

termination of the lease under subsection (a) is effective on the day on which the

requirements of subsection (c) are met for such termination.

(e) Arrearages and other obligations and liabilities.

(1) Leases of premises. Rent amounts for a lease described in subsection (b)(1) that

are unpaid for the period preceding the effective date of the lease termination shall be paid on

a prorated bases. The lessor may not impose an early termination charge, but any taxes,

summonses, or other obligations and liabilities of the lessee in accordance with the terms of

the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid

at the time of termination of the lease shall be paid by the lessee..

(2) Leases of motor vehicles. Lease amounts for a lease described in subsection

(b)(2) that are unpaid for the period preceding the effective date of the lease termination shall

be paid on a prorated basis. The lessor may not impose an early termination charge, but any

taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee

in accordance with the terms of the lease, including reasonable charges to the lessee for

excess wear or use and mileage, that are due and unpaid at the time of termination of the

lease shall be paid by the lessee.

(f) Rent paid in advance. Rents or lease amounts paid in advance for a period after the

effective date of the termination of the lease shall be refunded to the lessee by the lessor (or

the lessor's assignee or the assignee's agent) within 30 days of the effective date of the

termination of the lease.

(g) 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.

(h) Misdemeanor. Any person who knowingly seizes, holds, or detains the personal effects,

security deposit, or other property of a servicemember or a servicemember's dependent who

lawfully terminates a lease covered by this section, or who knowingly interferes with the

removal of such property from premises covered by such lease, for the purpose of subjecting

or attempting to subject any of such property to a claim for rent accruing subsequent to the

date of termination of such lease, 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.

(i) Definitions.

(1) Military orders. The term “military orders”, with respect to a servicemember,

means official military orders, or any notification, certification, or verification from the

servicemember’s commanding officer, with respect to the servicemember’s current or future

military duty status.

(2) CONUS. The term ‘continental United States’ means the 48 contiguous States

and the District of Columbia.

§535a. Termination of telephone service contracts

(a) Terminaiton by servicemember.

(1) Termination. A servicemember may terminate a contract described in subsection

(b) at any time after the date the servicemember receives military orders to relocate for a

period of not less than 90 days to a location that does not support the contract.

(2) Notice. In the case that a servicemember terminates a contract as described in

paragraph (1), the service provider under the contract shall provide such servicemember with

written or electronic notice of the servicemember’s rights under such paragraph.

This section was initially added by P.L. 110-389. It was substantially amended by P.L. 111-275, effective

October 13, 2010.

(3) Manner of termination. Termination of a contract under paragraph (1) shall be

made by delivery of a written or electronic notice of such termination and a copy of the

servicemember’s military orders to the service provider, delivered in accordance with

industry standards for notification of terminations, together with the date on which the

service is to be terminated.

(b) Covered contracts. A contract described in this subsection is a contract for cellular

telephone service or telephone exchange service entered into by the servicemember before

receiving the military orders referred to in subsection (a)(1).

by a servicemember whose period of relocation is for a period of three years or less, the

service provider under the contract shall, notwithstanding any other provision of law, allow

the servicemember to keep the telephone number the servicemember has under the contract if

the servicemember re-subscribes to the service during the 90-day period beginning on the last

day of such period of relocation.

(d) Family plans. In the case of a contract for cellular telephone service entered into by any

individual in which a servicemember is a designated beneficiary of the contract, the

individual who entered into the contract may terminate the contract –

(1) with respect to the servicemember if the servicemember is eligible to terminate

contracts pursuant to subsection (a); and

(2) with respect to all of the designated beneficiaries of such contract if all such

beneficiaries accompany the servicemember during the servicemember’s period of

relocation.

(e) Other obligations and liabilities. For any contract terminated under this section, the

service provider under the contract may not impose an early termination charge, but any tax

or any other obligation or liability of the servicemember that, in accordance with the terms of

the contract, is due and unpaid or unperformed at the time of termination of the contract shall

be paid or performed by the servicemember. If the servicemember re-subscribes to the

service provided under a covered contract during the 90-day period beginning on the last day

of the servicemember’s period of relocation, the service provider may not impose a charge

for reinstating service, other than the usual and customary charges for the installation or

acquisition of customer equipment imposed on any other subscriber.

(f) Return of advance payments. Not later than 60 days after the effective date of the

termination of a contract under this section, the service provider under the contract shall

refund to the servicemember any fee or other amount to the extent paid for a period

extending until after such date, except for the remainder of the monthly or similar billing

period in which the termination occurs.

(g) Definitions. For purposes of this section:

(1) The term “cellular telephone service” means commercial mobile service, as that

term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

(2) The term “telephone exchange service” has the meaning given that term under

section 3 of the Communications Act of 1934 (47 U.S.C. 153).

§ 536. Protection of life insurance policy [Sec. 306]

(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 (except the insurer in connection with a policy loan) may not exercise, during a period

of military service of the servicemember or within one year thereafter, any right or option

obtained under the assignment without a court order.

(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);

(2) when the premiums on the policy are due and unpaid; or

(3) upon the death of the insured.

order required under subsection (a) may refuse to grant such order if the court determines the

ability of the servicemember to comply with the terms of the obligation is materially affected

by military service.

(d) Treatment of guaranteed premiums. For purposes of this subsection, premiums

guaranteed under the provisions of title IV of this Act shall not be considered due and

unpaid.

(e) Misdemeanor. 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.

§ 537. Enforcement of storage liens [Sec. 306]

(a) Liens.

(1) Limitation on foreclosure or enforcement. A person holding a lien on the property

or effects of a servicemember may not, during any period of military service of the

servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or

effects without a court order granted before foreclosure or enforcement.

(2) Lien defined. For the purposes of paragraph (1), the term "lien" includes a lien for

storage, repair, or cleaning of the property or effects of a servicemember or a lien on such

property or effects for any other reason.

(b) Stay of proceedings. In a proceeding to foreclose or enforce a lien subject to this section,

the court may on its own motion, and shall if requested by a servicemember whose ability to

comply with the obligation resulting in the proceeding is materially affected by military

service –

(1) stay the proceeding 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 [50 U.S.C. App.

§533].

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.

§ 538. Extension of protections to dependents [Sec. 308]

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 – LIFE INSURANCE

§ 541. Definitions [Sec. 401]

For the purposes of this title [50 U.S.C. App. §§541 - 549]:

(1) Policy. The term "policy" means any individual contract for whole, endowment,

universal, or term life insurance (other than group term life insurance coverage), including

any benefit in the nature of such insurance arising out of membership in any fraternal or

beneficial association which —

(A) provides that the insurer may not —

(i) decrease the amount of coverage or require the payment of an

additional amount as premiums if the insured engages in military

service (except increases in premiums in individual term insurance

based upon age); or

ii) limit or restrict coverage for any activity required by military

service; and

(B) is in force not less than 180 days before the date of the insured's entry into

military service and at the time of application under this title.

(2) Premium. The term "premium" means the amount specified in an insurance

policy to be paid to keep the policy in force.

(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 that is chartered or authorized to provide insurance and issue

contracts or policies by the laws of a State or the United States.

§ 542. Insurance rights and protections [Sec. 402]

(a) Rights and protections. The rights and protections under this title [50 U.S.C. App. §§541

– 549] apply to the insured when—

(1) the insured,

(2) the insured's legal representative, or

(3) the insured's beneficiary in the case of an insured who is outside a State,

applies in writing for protection under this title, unless the Secretary of Veterans Affairs

determines that the insured's policy is not 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 to apply for the protections provided under this title.

The applicant shall send the original application to the insurer and a copy to the Secretary of

Veterans Affairs.

by this title for a servicemember may not exceed $250,000, or an amount equal to the

Servicemember's Group Life Insurance maximum limit, whichever is greater, regardless of

the number of policies submitted.

§ 543. Application for insurance protection [Sec. 403]

(a) Application procedure. An application for protection under this title [50 U.S.C. App.

§§541 – 549] shall —

(1) be in writing and signed by the insured, the insured's legal representative, or the

insured's beneficiary, as the case may be;

(2) identify the policy and the insurer; and

(3) include an acknowledgement 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 additional

information from the applicant, the insured and the insurer to determine if the policy is

entitled to protection under this title.

insurer shall furnish a report concerning the policy to the Secretary of Veterans Affairs as

required by regulations prescribed by the Secretary.

(d) Policy modification. Upon application for protection under this title [50 U.S.C. App.

§§541 – 549], the insured and the insurer shall have constructively agreed to any policy

modification necessary to give this title [said sections] full force and effect.

§ 544. Policies entitled to protection and lapse of policies [Sec. 404]

(a) Determination. The Secretary of Veterans Affairs shall determine whether a policy is

entitled to protection under this title [50 U.S.C. App. §§541 – 549] 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 on which the application

for protection is received by the Secretary.

of military service and for a period of two years thereafter.

§ 545. Policy restrictions [Sec. 405]

(a) Dividends. While a policy is protected under this title [50 U.S.C. App. §§541 – 549], a

dividend or other monetary benefit under a policy may not be paid to an insured or used to

purchase dividend additions 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 a 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.

§ 546. Deduction of unpaid premiums [Sec. 406]

(a) Settlement of proceeds. 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 [50 U.S.C. App. §§541

– 549], 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.

by the insurer to the Secretary of Veterans Affairs.

§ 547. Premiums and interest guaranteed by United States [Sec. 407]

(a) Guarantee of premiums and interest by the United States.

(1) Guarantee. Payment of premiums, and interest on premiums at the rate specified

in section 406 [50 U.S.C. App. §546], which become due on a policy under the protection of

this title [50 U.S.C. App. §§541 – 549] is guaranteed by the United States. If the amount

guaranteed is not paid to the insurer before the period of insurance protection under this title

expires, the amount due shall be treated by the insurer as a policy loan on the policy.

(2) Policy termination. If, at the expiration of insurance protection under this title, the

cash surrender value of a policy is less than the amount due to pay premiums and interest on

premiums on the policy, the policy shall terminate. Upon such termination, 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 the United States.

(1) Debt payable to the United States. 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) Collection. Such amount may be collected by the United States, either as an

offset from any amount due the insured by the United States or as otherwise authorized by

law.

(3) Debt not dischargeable in bankruptcy. Such debt payable to the United States is

not dischargeable in bankruptcy proceedings.

repayment of debts incurred by an insured under this title shall be credited to the

appropriation for the payment of claims under this title [said sections].

§ 548. Regulations [Sec. 408]

The Secretary of Veterans Affairs shall prescribe regulations for the implementation of this

title [50 U.S.C. App. §§541 – 549].

§ 549. Review of findings of fact and conclusions of law [Sec. 409]

The findings of fact and conclusions of law made by the Secretary of Veterans Affairs in

administering this title [50 U.S.C. App. §§541 – 549] are subject to review on appeal to the

Board of Veterans' Appeals pursuant to chapter 71 of title 38, United States Code [38 U.S.C.

§§7101 et seq.], and to judicial review only as provided in chapter 72 of such title [38 U.S.C.

§§7251 et seq..].

TITLE V – TAXES AND PUBLIC LANDS

§ 561. Taxes respecting personal property, money, credits, and real property

[Sec. 501]

(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 a period of military service with respect to a servicemember's —

(1) personal property (including motor vehicles); or

(2) real property occupied for dwelling, professional, business, or agricultural

purposes by a servicemember or the servicemember's dependents or employees—

(A) before the servicemember's entry into military service; and

(B) during the time the tax or assessment remains unpaid.

(b) Sale of property.

(1) Limitation on sale of property to enforce tax assessment. Property described in

subsection (a) may not be sold to enforce the collection of such tax or assessment except by

court order and upon the determination by the court that military service does not materially

affect the servicemember's ability to pay the unpaid tax or assessment.

(2) Stay of court proceedings. A court may stay a proceeding to enforce the

collection of such tax or assessment, or sale of such property, during a period of military

service of the servicemember and for a period not more than 180 days after the termination

of, or release of the servicemember from, military service.

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 of or release from military service. This

subsection may not be construed to shorten any period provided by the law of a State

(including any political subdivision of a State) for redemption.

(d) Interest on tax or assessment. Whenever a servicemember does not pay a tax or

assessment on property described in subsection (a) 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 such

unpaid tax or assessment may include interest under this subsection.

(e) Joint ownership application. This section applies to all forms of property described in

subsection (a) owned individually by a servicemember or jointly by a servicemember and a

dependent or dependents.

§ 562. Rights in public lands [Sec. 502]

(a) Rights not forfeited. The rights of a servicemember to lands owned or controlled by the

United States, and initiated or acquired by the servicemember under the laws of the United

States (including the mining and mineral leasing laws) before military service, shall not be

forfeited or prejudiced 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 (43 U.S.C. §315 et seq.), enters military service, the permittee or licensee may

suspend the permit or license for the period of military service and for 180 days after

termination of or release from military service.

such suspension of permits and licenses and for the remission, reduction, or refund of grazing

fees during the period of such suspension.

§ 563. Desert-land entries [Sec. 503]

(a) Desert-land rights not forfeited. A desert-land entry made or held under the desert-land

laws before the entrance of the entryman or the entryman's successor in interest into military

service shall not be subject to contest or cancellation –

(1) for failure to expend any required amount per acre per year in improvements upon

the claim;

(

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 of or release from military service; or

(3) during any period of hospitalization or rehabilitation due to an injury or disability

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 an entryman or claimant is honorably discharged and is

unable to accomplish reclamation of, and payment for, desert land due to a disability incurred

in the line of duty, the entryman or claimant may make proof without further reclamation or

payments, under regulations prescribed by the Secretary of the Interior, and receive a patent

for the land entered or claimed.

claimant shall, 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.

§ 564. Mining claims [Sec. 504]

(a) Requirements suspended. The provisions of section 2324 of the Revised Statutes of the

United States (38 U.S.C. §28) specified in subsection (b) shall not apply to a

servicemember's claims or interests in claims, regularly located and recorded, during a period

of military service and 180 days thereafter, or during any period of hospitalization or

rehabilitation due to injuries or disabilities incurred in the line of duty.

(b) Requirements. The provisions in section 2324 of the Revised Statutes that shall not apply

under subsection (a) are those which require that on each mining claim located after May 10,

1872, and until a patent has been issued for such claim, not less than $100 worth of labor

shall be performed or improvements made during each year.

servicemember that has been regularly located and recorded shall not be subject to forfeiture

for nonperformance of annual assessments during the period of military service and for 180

days thereafter, or for any period of hospitalization or rehabilitation described in subsection

(a).

(d) Filing requirement. 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.

§ 565. Mineral permits and leases [Sec. 505]

(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

thereafter. 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.

contract for operation of a permit or lease.

§ 566. Perfection or defense of rights [Sec. 506]

(a) Right to take action not affected. This title [50 U.S.C. §§561 – 571] shall not affect the

right of a servicemember to take action during a period of military service that is 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 and proofs.

(1) In general. A servicemember during a period of military service may make any

affidavit or submit any proof required by law, practice, or regulation of the Department of the

Interior in connection with the entry, perfection, defense, or further assertion of rights

initiated or acquired before entering military service before an officer authorized to provide

notary services under section 1044 of title 10, United States Code, or any superior

commissioned officer.

(2) Legal status of affidavits. Such affidavits shall be binding in law and subject to

the same penalties as prescribed by section 1001 of title 18, United State Code.

§ 567. Distribution of information concerning benefits of title [Sec. 507]

(a) Distribution of information by Secretary concerned. The Secretary concerned shall issue

to servicemembers information explaining the provisions of this title [50 U.S.C. App. §§561

– 571].

(b) Application forms. The Secretary concerned shall provide application forms to

servicemembers requesting relief under this title.

the Secretary concerned information explaining the provisions of this title (other than

sections 501, 510, and 511 [50 U.S.C. App. §§561, 570 and 571]) and related application

forms.

§ 568. Land rights of servicemembers [Sec. 508]

(a) No age limitations. Any servicemember under the age of 21 in military service shall be

entitled to the same rights under the laws relating to lands owned or controlled by the United

States, including mining and mineral leasing laws, as those servicemembers who are 21 years

of age.

(b) Residency requirement. Any requirement related to the establishment of a residence

within a limited time shall be suspended as to entry by a servicemember or the spouse of

such servicemember

in military service until 180 days after termination of or release from

military service.

administer oaths under section 1044a of title 10, United States Code, or under the laws of the

State where the land is situated.

§ 569. Regulations [Sec. 509]

The Secretary of the Interior may issue regulations necessary to carry out this title [50 U.S.C.

§§561 – 571] (other than sections 501, 510, and 511 [50 U.S.C. App. §§561, 570 and 571]).

§ 570. Income taxes [Sec. 510]

(a) Deferral of tax. Upon notice to the Internal Revenue Service or the tax authority of a

State or a political subdivision of a State, 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 of or release from military service, if a servicemember's

ability to pay such income tax is materially affected by military service.

(b) Accrual of interest or penalty. No interest or penalty shall accrue for the period of

deferment by reason of nonpayment on any amount of tax deferred under this section.

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 thereafter.

(d) Application limitation. This section shall not apply to the tax imposed on employees by

section 3101 of the Internal Revenue Code of 1986 [26 U.S.C. §3101].

§ 571. Residence for tax purposes

(a) Residence or domicile.

P.L. 111-97 added the phrase “or the spouse of such servicemember”.

This section was amended by P.L. 111-97, effective November 11, 2009, by adding subsections (a)(2), (c)

and (d), which result in the inclusion of the spouses of servicemembers within the protection of this section.

(1) In general. 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.

(2) Spouses. A spouse of 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 spouse by reason of being absent or present in any tax jurisdiction of the United States

solely to be with the servicemember in compliance with the servicemember’s military orders

if the residence or domicile, as the cse may be, is the same for the servicemember and the

spouse.

(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.

servicemember shall not be deemed to be income for services performed or from sources

within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of

the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely

to be with the servicemember serving in compliance with military orders.

(d) Personal property.

(1) Relief from personal property taxes. The personal property of a servicemember or

the spouse 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) Exception for property within member's domicile or residence. This subsection

applies to personal property or its use within any tax jurisdiction other than the

servicemember's or the spouse’s domicile or residence.

(3) Exception for property used in trade or business. 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) Relationship to law of State of domicile. 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 domicile.

(e) 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.

(f) 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.

(g) Definitions. For purposes of this section:

(1) Personal property. The term "personal property" means intangible and tangible

property (including motor vehicles).

(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 domicile or residence.

(3) Tax jurisdiction. The term "tax jurisdiction" means a State or a political

subdivision of a State.

TITLE VI – ADMINISTRATIVE REMEDIES

§ 581. Inappropriate use of Act [Sec. 601]

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or

contract has been transferred or acquired with the intent to delay the just enforcement of such

right by taking advantage of this Act [50 U.S.C. App. §§501 et seq.], the court shall enter

such judgment or make such order as might lawfully be entered or made concerning such

transfer or acquisition.

§ 582. Certificates of service; persons reported missing [Sec. 602]

(a) Prima facie evidence. In any proceeding under this Act [50 U.S.C. App. §§501 et seq.], 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 place of the person's termination of or release from military service,

or the person's death during 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 the

Secretary concerned is prima facie evidence of its contents and of the signer's authority to

issue it.

missing is presumed to continue in service until accounted for. A requirement under this Act

[50 U.S.C. App. §§501 et seq.] 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.

§ 583. Interlocutory orders [Sec. 603]

An interlocutory order issued by a court under this Act [50 U.S.C. App. §§501 et seq.] 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

§ 591. Anticipatory relief [Sec. 701]

(a) Application for relief. A servicemember may, during military service or within 180 days

of termination of or release from military service, 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 such obligation or liability or pay

such tax or assessment has been materially affected by reason of military service, after

appropriate notice and hearing, grant the following relief:

(1) Stay of enforcement of real estate contracts.

(A) 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 —

(i) during the servicemember's period of military service; and

(ii) from the date of termination of or release from military service, or

from the date of application if made after termination of or release

from military service.

(B) Any stay under this paragraph shall be —

(i) 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

(ii) 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 at the rate of interest on the

unpaid balance 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

(A) In the case of any other obligation, liability, tax, or assessment, the court

may grant a stay of enforcement —

(i) during the servicemember's military service; and

(ii) from the date of termination of or release from military service, or

from the date of application if made after termination or release from

military service.

(B) Any stay under this paragraph shall be—

(i) for a period of time equal to the period of the servicemember's

military service or any part of such period; and

(ii) 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, 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.

penalty shall not accrue on the obligation, liability, tax, or assessment for the period of

compliance with the terms and conditions of the stay.

§ 592. Power of attorney [Sec. 702]

(a) Automatic extension. A power of attorney of a servicemember shall be automatically

extended for the period the servicemember is in a missing status (as defined in section 551(2)

of title 37, United States code) if the power of attorney –

(1) was duly executed by the servicemember —

(A) while in military service; or

(B) before entry into military service but after the servicemember —

(i) received a call or order to report for military service; or

(ii) was notified by an official of the Department of Defense that the

person could receive a call or order to report for military service;

(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 by a

servicemember 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.

§ 593. Professional liability protection [Sec. 703]

(a) Applicability. This section applies to a servicemember who —

(1) after July 31, 1990, is ordered to active duty (other than for training) pursuant to

sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10, United States

Code, or who is ordered to active duty under section 12301(d) of such title during a period

when members are on active duty pursuant to any of the preceding sections; and

(2) immediately 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) Suspension of coverage.

(1) Suspension. 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 by

the insurance carrier.

(2) Premiums for suspended contracts. 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 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) Nonliability of carrier during suspension. 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) Certain claims considered to arise before suspension. For the purposes of

paragraph (3), a claim based upon the failure of a professional to make adequate provision

for a patient, client, or other person to receive professional services or other assistance 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.

(1) Reinstatement required. Professional liability insurance coverage 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 to the insurance carrier a written

request for reinstatement.

(2) Time and premium for reinstatement. 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) Period of reinstated coverage. 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) Increase in premium.

(1) Limitation on premium increases. 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) Continuation of coverage of unaffected persons. This section does not —

(1) require a suspension of professional liability insurance protection for any person

who is not a 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) Stay of civil or administrative actions.

(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

suspension, on its face cover the alleged professional negligence or other

professional liability negligence or other professional liability of the

servicemember.

(2) Date of commencement of action. Whenever a civil or administrative action for

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) Effect of suspension upon limitations period. 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) Death during period of suspension. If a servicemember 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 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) Active duty. The term "active duty" has the meaning given that term in section

101(d)(1) of title 10, United States Code.

(2) Profession. The term "profession" includes occupation.

(3) Professional. The term "professional" includes occupational.

§ 594. Health insurance reinstatement [Sec. 704]

(a) Reinstatement of health insurance. A servicemember who, by reason of military service

as defined in section 703(a)(1) [50 U.S.C. App. §593(a)(1)], is entitled to the rights and

protections of this Act [50 U.S.C. App. §§501 et seq.] shall also be entitled upon termination

or release from such service to reinstatement of any health insurance that —

(1) was in effect on the day before such service commenced; and

(2) was terminated effective on a date during the period of such service.

(b) No exclusion or waiting period. The reinstatement of health care insurance coverage for

the health or physical condition of a servicemember described in subsection (a), or any other

person who is covered by the insurance by reason of the coverage of the servicemember,

shall not be subject to an exclusion or a waiting period, if —

(1) the condition arose before or during the period of such service;

(2) an exclusion or a waiting period would not have been imposed for the condition

during the period of coverage; and

(3) in a case in which the condition relates to the servicemember, the condition 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).

employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38,

United States Code [38 U.S.C. §§4301 et seq.].

(d) Time for applying for reinstatement. An application under this section must be filed not

later than 120 days after the date of the termination of or release from military service.

(e) Limitation on premium increases.

(1) Premium protections. The amount of the premium for health insurance coverage

that was terminated by a servicemember and required to be reinstated under subsection (a)

may not be increased, for the balance of the period for which coverage would have been

continued had the coverage not been terminated, to an amount greater than the amount

chargeable for such coverage before the termination.

(2) Increases of general applicability not precluded. Paragraph (1) does not prevent

an increase in premium to the extent of any general increase in the premiums charged by the

carrier of the health care insurance for the same health insurance coverage for persons

similarly covered by such insurance during the period between the termination and the

reinstatement.

§ 595. Guarantee of residency for military personnel and spouses of military personnel

[Sec. 705]

(a) In general. For the purposes of voting for any Federal office (as defined in section 301 of

the Federal Election Campaign Act of 1971 (2 U.S.C. §431) or a State or local office, a

person who is absent from a State in compliance with military or naval orders shall not,

solely by reason of that absence —

(1) be deemed to have lost a residence or domicile in that State, without regard to

whether or not the person intends to return to that State;

Subsection (b), covering military spouses, was added by in 2009 by P.L. 111-97.

(2) be deemed to have acquired a residence or domicile in any other State; or

(3) be deemed to have become a resident in or a resident of any other State.

(b) Spouses. For the purposes of voting for any Federal office (as defined in section 301 of

the Federal Election Campaign Act of 1971 (2 U.S.C. §431) or a State or local office, a

person who is absent from a State because the person is accompanying the person’s spouse

who is absent from that same State in compliance with military or naval orders shall not,

solely by reason of that absence —

(1) be deemed to have lost a residence or domicile in that State, without regard to

whether or not the person intends to return to that State;

(2) be deemed to have acquired a residence or domicile in any other State; or

(3) be deemed to have become a resident in or a resident of any other State.

§ 596. Business or trade obligations [Sec. 706]

(a) Availability of non-business assets to satisfy obligations. If the trade or business (without

regard to the form in which such trade or business is carried out) of a servicemember has an

obligation or liability for which the servicemember is personally liable, the assets of the

servicemember not held in connection with the trade or business may not be available for

satisfaction of the obligation or liability during the servicemember's military service.

(b) Relief to obligors. Upon application to a court by the holder of an obligation or liability

covered by this section, relief granted by this section to a servicemember may be modified as

justice and equity require.

§597. Enforcement by the Attorney General

[Section 801]

(a) Civil action. The Attorney General may commence a civil action in any appropriate

district court of the United States against any person who –

(1) engages in a pattern or practice of violating this Act [50 U.S.C. App. §§501 et

seq.]; of

(2) engages in a violation of this Act that raises an issue of significant public

importance.

(b) Relief. In a civil action commenced under subsection (a), the court may –

(1) grant any appropriate equitable or declaratory relief with respect to the violation

of this Act;

This section was added by P.L. 111-275, effective October 13, 2010.

(2) award all other appropriate relief, including monetary damages, to any person

aggrieved by the violation; and

(3) may, to vindicate the public interest, assess a civil penalty –

(A) in an amount not exceeding $55,000 for a first violation; and

(B) in an amount not exceeding $110,000 for any subsequent violation.

respect to which the civil action is commenced may intervene in such action, and may obtain

such appropriate relief as the person could obtain in a civil action under section 802 [50

U.S.C. App. §597a] with respect to that violation, along with costs and a reasonable attorney

fee.

Sec. 597a. Private right of action

[Section 802]

(a) In general. Any person aggrieved by a violation of this Act [50 U.S.C. App. §§501 et

seq.] may in a civil action –

(1) obtain any appropriate equitable or declaratory relief with respect to the violation;

and

(2) recover all other appropriate relief, including monetary damages.

(b) Costs and attorneys fees. The court may award to a person aggrieved by a violation of

this Act who prevails in an action brought under subsection (a) the costs of the action,

including a reasonable attorney fee.

Sec. 597b. Preservation of remedies

[Section 803]

Nothing in Section 801 or 802 [50 U.S.C. App. §§597 or 597a] shall be construed to preclude

or limit any remedy otherwise available under other law, including consequential and

punitive damages.

This section was added by P.L. 111-275, effective October 13, 2010.

This section was added by P.L. 111-275, effective October 13, 2010. As a matter of standardization, the

“preservation of remedies” provisions that had previously been found in the various sections in Title III of the

SCRA were deleted and the provisions of Section 803 are applicable to the entire Act.