Servicemembers Civil Relief Act
Public Law 108-189 · H.R. 100 · 108th Congress · began in the House
Signed by George W. Bush (R) on Dec 19, 2003 · Armed Forces and National Security
Sponsor: Rep. Chris Smith (R-NJ-4)
Cosponsors (40): Rep. Lane Evans, Rep. Silvestre Reyes,
Passage votes
- HouseUnanimous consent
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to: (1) rename the Act as the Servicemembers Civil Relief Act; (2) add to the definition of "military service" active service by members of the National Guard of more than 30 consecutive days, as well as any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause; (3) include a definition of "dependents" for purposes of dependent coverage; (4) extend certain rights and protections to reserve personnel ordered to report for military service; and (5) authorize any servicemember to waive any of such rights and protections, pursuant to written agreement.
Provides certain protections for servicemembers against default judgments while in military service, including a minimum 90-day stay of proceedings, with respect to the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability. Requires a court to appoint an attorney to represent any defendant in military service. Allows a default judgment against a servicemember to be vacated or set aside and the case reopened if the servicemember: (1) was materially affected by such service in making a defense; and (2) has a meritorious or legal defense to the action or a part thereof.
Authorizes a stay of proceedings while an individual is either in military service or within 90 (currently, 60) days after termination or release from such service for a servicemember who has received notice of such proceedings, if the court receives a letter or other communication: (1) stating that current duty requirements materially affect the servicemember's ability to appear; or (2) from the servicemember's commanding officer stating that current duties prevent the servicemember's appearance and that military leave is not authorized. Allows a servicemember granted a stay from such proceedings to apply for an additional stay based on continuing material effect of military duty on the ability to appear.
Allows a stay of execution of judgments, attachments, and garnishments against a servicemember for the period of military service or within 90 days thereafter.
Forgives the payment of interest in excess of six percent a year for obligations or liabilities incurred by the servicemember, or jointly by the servicemember and his or her spouse, before the servicemember entered military service. Requires the servicemember to provide written notice to the creditor in order to receive such interest limitation.
Prohibits an eviction or distress from being made against a servicemember or his or her dependents during a period of military service for a premise for which rent does not exceed $2,400 (currently, $1,200), except by court order. Increases the rental limit annually based on housing price inflation adjustments (requiring annual publication of such adjustments). Prohibits: (1) rescinding or terminating for breach of contract during a period of military service a contract for the purchase or lease of real or personal property, including a motor vehicle, entered into prior to such service; and (2) a person holding a lien on property or effects of a servicemember from foreclosing or otherwise enforcing such lien (with penalties and protection for materially affected dependents) during a period of service and 90 days thereafter.
Increases the total amount of life insurance coverage protection provided under the Act to $250,000, or an amount equal to the Servicemembers' Group Life Insurance maximum limit, whichever is greater.
Makes findings of fact and conclusions of law made by the Secretary of Veterans Affairs in administering the life insurance provisions of the Act subject to review by the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims (not reviewable under current law).
Repeals provisions concerning: (1) homestead entries and settlement claims made prior to entry into military service; (2) the suspension of residence requirements for servicemembers with respect to entry upon land for irrigation rights; and (3) limitations on the persons subject to coverage under a power of attorney of a servicemember in a missing status.
Requires a servicemember to apply for reinstatement under prior health insurance coverage within 120 days after termination of or release from military service.
Provides that if the trade or business of a servicemember has an obligation or liability for which the servicemember is personally liable, the assets of the trade or business which are not held in connection with the trade or business may not be available for the satisfaction of such obligation or liability during the servicemember's military service.
Committees
The committees the bill was sent to, and what each did with it.
Veterans' Affairs Committee · House · markup by, referred to, reported bySubcommittee: Benefits Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
3 bills the Library of Congress relates to this one.
H.R. 3024Procedurally-related
To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to provide protections to servicemembers who terminate motor vehicle or residential leases entered into before permanent change of station or deployment order…
S. 792Related bill
Servicemembers Civil Relief Act
S. 1136Procedurally-relatedRelated bill
Servicemembers Civil Relief Act
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 31 actions.
- Dec 19, 2003Became lawBecame law · Became Public Law No: 108-189.
- Became lawBecame law · Signed by President.
- Dec 12, 2003FloorFloor · Presented to President.
- Dec 8, 2003Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · On motion that the House agree to the Senate amendment Agreed to without objection.
- Resolving differencesResolving differences · Mr. Smith (NJ) asked unanimous consent that the House agree to the Senate amendment.
- OtherOther · Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.
- Nov 25, 2003FloorFloor · Message on Senate action sent to the House.
- Nov 21, 2003FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- FloorFloor · Senate struck all after the Enacting Clause and substituted the language of S. 1136 amended.
- FloorFloor · Measure laid before Senate by unanimous consent.
- CommitteeCommittee · Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
- May 8, 2003CommitteeCommittee · Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
- May 7, 2003FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 425 - 0 (Roll no. 163).House roll call 163
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · Considered as unfinished business.
- FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 100.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Smith (NJ) moved to suspend the rules and pass the bill, as amended.
- Apr 30, 2003CalendarCalendar · Placed on the Union Calendar, Calendar No. 45.
- CommitteeCommittee · Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 108-81.
- Apr 3, 2003CommitteeCommittee · Ordered to be Reported in the Nature of a Substitute by Voice Vote.
- CommitteeCommittee · Committee Consideration and Mark-up Session Held.
- Apr 2, 2003CommitteeCommittee · Favorable Executive Comment Received from SBA.
- Apr 1, 2003CommitteeCommittee · Subcommittee on Benefits Discharged.
- Feb 20, 2003CommitteeCommittee · Referred to the Subcommittee on Benefits.
- Jan 21, 2003CommitteeCommittee · Executive Comment Requested from SBA.
- Jan 7, 2003CommitteeCommittee · Referred to the House Committee on Veterans' Affairs.
- CommitteeCommittee · Sponsor introductory remarks on measure. (CR E14)
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.