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50 U.S.C. § 3914 — Extension of protections to citizens serv-

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3914 — Extension of protections to citizens serv-

Page 988 TITLE 50—WAR AND NATIONAL DEFENSE § 3913 (c) Court in which application may be made When under this chapter any application is re- quired to be made to a court in which no pro- ceeding has already been commenced with re- spect to the matter, such application may be made to any court which would otherwise have jurisdiction over the matter. (Oct. 17, 1940, ch. 888, title I, § 102, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2837.) Editorial Notes CODIFICATION Section was formerly classified to section 512 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 102 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Pub. L. 102–12, § 9(2), Mar. 18, 1991, 105 Stat. 39, related to territorial application, jurisdiction of courts, and form of procedure, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3913. Protection of persons secondarily liable (a) Extension of protection when actions stayed, postponed, or suspended Whenever pursuant to this chapter a court stays, postpones, or suspends (1) the enforce- ment of an obligation or liability, (2) the pros- ecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or de- cree, or (4) the performance of any other act, the court may likewise grant such a stay, postpone- ment, or suspension to a surety, guarantor, en- dorser, accommodation maker, comaker, or other person who is or may be primarily or sec- ondarily subject to the obligation or liabilit

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Page 988 TITLE 50—WAR AND NATIONAL DEFENSE § 3913 (c) Court in which application may be made When under this chapter any application is re- quired to be made to a court in which no pro- ceeding has already been commenced with re- spect to the matter, such application may be made to any court which would otherwise have jurisdiction over the matter. (Oct. 17, 1940, ch. 888, title I, § 102, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2837.) Editorial Notes CODIFICATION Section was formerly classified to section 512 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 102 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Pub. L. 102–12, § 9(2), Mar. 18, 1991, 105 Stat. 39, related to territorial application, jurisdiction of courts, and form of procedure, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3913. Protection of persons secondarily liable (a) Extension of protection when actions stayed, postponed, or suspended Whenever pursuant to this chapter a court stays, postpones, or suspends (1) the enforce- ment of an obligation or liability, (2) the pros- ecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or de- cree, or (4) the performance of any other act, the court may likewise grant such a stay, postpone- ment, or suspension to a surety, guarantor, en- dorser, accommodation maker, comaker, or other person who is or may be primarily or sec- ondarily 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 chap- ter, 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 con- tract or liability for the enforcement of the judgment or decree. (c) Bail bond not to be enforced during period of military service A court may not enforce a bail bond during the period of military service of the principal on the bond when military service prevents the sur- ety from obtaining the attendance of the prin- cipal. 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 chapter does not prevent a waiver in writing by a surety, guarantor, endorser, ac- commodation maker, comaker, or other per- son (whether primarily or secondarily liable on an obligation or liability) of the protec- tions provided under subsections (a) and (b). Any such waiver is effective only if it is exe- cuted as an instrument separate from the obli- gation or liability with respect to which it ap- plies. (2) Waiver invalidated upon entrance to mili- tary 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 de- pendent of an individual who after the execu- tion 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 de- pendent during the period specified in section 3917 of this title. (Oct. 17, 1940, ch. 888, title I, § 103, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2838.) Editorial Notes CODIFICATION Section was formerly classified to section 513 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 103 of acts Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Oct. 6, 1942, ch. 581, §§ 2, 3, 56 Stat. 769; Pub. L. 102–12, § 9(3), Mar. 18, 1991, 105 Stat. 39, related to protection of persons secondarily liable, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3914. Extension of protections to citizens serv- ing with allied forces 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 chapter if that service with the allied force is similar to military service as defined in this chapter. The relief and protections provided to such citizen shall terminate on the date of discharge or re- lease from such service. (Oct. 17, 1940, ch. 888, title I, § 104, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.) Editorial Notes CODIFICATION Section was formerly classified to section 514 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 104 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to extension of benefits to citizens serving with forces of war allies, prior to the general amendment of this Act by Pub. L. 108–189. Page 989 TITLE 50—WAR AND NATIONAL DEFENSE § 3917 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3915. Notification of benefits The Secretary concerned shall ensure that no- tice of the benefits accorded by this chapter is provided in writing to persons in military serv- ice and to persons entering military service. (Oct. 17, 1940, ch. 888, title I, § 105, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.) Editorial Notes CODIFICATION Section was formerly classified to section 515 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 105 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770; amended Pub. L. 102–12, § 9(4), Mar. 18, 1991, 105 Stat. 39, related to notice of benefits to persons in and persons entering military service, prior to the general amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Re- lief Act (a) Outreach to members The Secretary concerned shall provide to each member of the Armed Forces under the jurisdic- tion of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.]. (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 member. (2) In the case of a member of a reserve com- ponent, during the initial orientation training of the member and when the member is mobi- lized or otherwise individually called or or- dered to active duty for a period of more than one year. (3) At such other times as the Secretary con- cerned considers appropriate. (c) Outreach to dependents The Secretary concerned may provide to the adult dependents of members under the jurisdic- tion of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [50 U.S.C. 3901 et seq.]. (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. 3911]. (Pub. L. 109–163, div. A, title VI, § 690, Jan. 6, 2006, 119 Stat. 3337.) Editorial Notes REFERENCES IN TEXT The Servicemembers Civil Relief Act, referred to in subsecs. (a) and (c), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified generally to this chapter. For complete classification of this Act to the Code, see sec- tion 3901 of this title and Tables. CODIFICATION Section was formerly classified to section 515a of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2006, and not as part of the Servicemembers Civil Relief Act which com- prises this chapter. § 3917. Extension of rights and protections to re- serves ordered to report for military service and to persons ordered to report for induc- tion (a) Reserves ordered to report for military serv- ice A member of a reserve component who is or- dered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period be- ginning 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. 3801 et seq.] is entitled to the rights and protections provided a servicemember under this subchapter and subchapters II and III during the period beginning on the date of re- ceipt of the order for induction and ending on the date on which the person reports for induc- tion (or, if the order to report for induction is revoked before the date on which the person re- ports for induction, on the date on which the order is revoked). (c) Member of the Space Force ordered to report for military service The provisions of subsection (a) apply to a member of the Space Force who is ordered to re- port for military service in the same manner as to a member of a reserve component who is or- dered to report for military service. (Oct. 17, 1940, ch. 888, title I, § 106, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amend- ed Pub. L. 118–31, div. A, title XVII, § 1742(c)(2), Dec. 22, 2023, 137 Stat. 681.) TERMINATION OF INDUCTION FOR TRAINING AND SERVICE For provisions relating to termination of in- duction for training and service in the Armed Forces after July 1, 1973, see section 3815(c) of this title.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3801 — Short title; Congressional declaration of policy

**(a)** This Act may be cited as the “Military Selective Service Act”. **(b)** The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation. **(c)** The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy. **(d)** The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists. **(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources. **(f)** The Congress further declares that the S

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3801 — Short title; Congressional declaration of

Page 945 TITLE 50—WAR AND NATIONAL DEFENSE § 3801 Sec. 3814. Definitions. 3815. Repeals; appropriations; termination date. 3816. Utilization of industry. 3817. Savings provisions. 3818. Effective date. 3819. Authority of President to order Reserve com- ponents to active service; release from ac- tive duty; retention of unit organizations and equipment. 3820. Procedural rights. Editorial Notes CODIFICATION Title I of act June 24, 1948, ch. 625, which is classified principally to this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of title I principally as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding section 1 of this title. § 3801. Short title; Congressional declaration of policy (a) This Act may be cited as the ‘‘Military Se- lective Service Act’’. (b) The Congress declares that an adequate armed strength must be achieved and main- tained to insure the security of this Nation. (c) The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accord- ance with a system of selection which is fair and just, and which is consistent with the mainte- nance of an effective national economy. (d) The Congress further declares, in accord- ance with our traditional military policy as ex- pressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured. To this end, i

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Private right of action

**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action— (1) obtain any appropriate equitable or declaratory relief with respect to the violation; (2) recover all other appropriate relief, including monetary damages; and (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. **(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Short title

Page 986 TITLE 50—WAR AND NATIONAL DEFENSE § 3901 Sec. 4024. Health insurance reinstatement. 4025. Guarantee of residency for military personnel and spouses of military personnel. 4025a. Portability of professional licenses of servicemembers and their spouses. 4026. Business or trade obligations. 4027. Guarantee of residency for spouses of servicemembers. SUBCHAPTER VIII—CIVIL LIABILITY 4041. Enforcement by the Attorney General. 4042. Private right of action. 4043. Preservation of remedies. Editorial Notes CODIFICATION The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L. 92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L. 107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act Oct. 17, 1940, are shown herein, however, as having been added by Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835, without reference to the intervening amendments list- ed above because of the extensive revision of act Oct. 17, 1940, by Pub. L. 108–189. Act Oct. 17, 1940, ch. 888, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835, comprising this chapter, was formerly set out

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3911 — Short title

This chapter may be cited as the “Servicemembers Civil Relief Act”.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3911 — Definitions

Page 987 TITLE 50—WAR AND NATIONAL DEFENSE § 3912 1 See References in Text note below. SUBCHAPTER I—GENERAL PROVISIONS § 3911. Definitions For the purposes of this chapter: (1) Servicemember The term ‘‘servicemember’’ means a member of the uniformed services, as that term is de- fined in section 101(a)(5) of title 10. (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, Ma- rine Corps, Space Force, or Coast Guard— (i) active duty, as defined in section 101(d)(1) of title 10, and (ii) in the case of a member of the Na- tional Guard, includes service under a call to active service authorized by the Presi- dent or the Secretary of Defense for a pe- riod of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency de- clared 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 Atmos- pheric Administration, active service; and (C) any period during which a servicemember is absent from duty on ac- count 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 serv- ice 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); or (C) an individual for whom the servicemember provided more tha

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3914 — Jurisdiction and applicability of chapter

**(a) Jurisdiction** This chapter 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 chapter applies to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this chapter. This chapter does not apply to criminal proceedings. **(c) Court in which application may be made** When under this chapter 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.

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