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50 U.S.C. § 3914 — Extension of protections to citizens serv-
Federal law — U.S. Code and appendices · legal_authorities
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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3801
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3801
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Servicemembers Civil Relief Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3911
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3911
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3914
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