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50 U.S.C. § 3901 — Short title

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 Editorial Notes CODIFICATION The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat.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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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 in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act 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. § 3901. Short title This chapter may be cited as the ‘‘Servicemembers Civil Relief Act’’. (Oct. 17, 1940, ch. 888, § 1(a), as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835.) Editorial Notes CODIFICATION Section was formerly classified to section 501 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 1 of act Oct. 17, 1940, ch. 888, 54 Stat. 1178, provided that this Act could be cited as the Sol- diers’ and Sailors’ Relief Act of 1940, prior to the gen- eral amendment of this Act by Pub. L. 108–189. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–189, § 3, Dec. 19, 2003, 117 Stat. 2866, pro- vided that: ‘‘The amendment made by section 1 [enact- ing this chapter] shall apply to any case that is not final before the date of the enactment of this Act [Dec. 19, 2003].’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 116–285, § 1, Jan. 5, 2021, 134 Stat. 4878, provided that: ‘‘This Act [amending section 3956 of this title] may be cited as the ‘Protecting Families of Fallen Servicemembers Act’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–142, § 1, Mar. 31, 2016, 130 Stat. 326, pro- vided that: ‘‘This Act [amending section 3953 of this title and provisions set out as notes under section 3953 of this title] may be cited as the ‘Foreclosure Relief and Extension for Servicemembers Act of 2015’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–286, § 1, Dec. 18, 2014, 128 Stat. 3093, pro- vided that: ‘‘This Act [amending provisions set out as notes under section 3953 of this title] may be cited as the ‘Foreclosure Relief and Extension for Servicemembers Act of 2014’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–346, § 1, Dec. 29, 2010, 124 Stat. 3622, pro- vided that: ‘‘This Act [amending provisions set out as a note under section 3953 of this title] may be cited as the ‘Helping Heroes Keep Their Homes Act of 2010’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–97, § 1, Nov. 11, 2009, 123 Stat. 3007, pro- vided that: ‘‘This Act [amending sections 3998, 4001, and 4025 of this title and enacting provisions set out as notes under sections 3998, 4001, and 4025 of this title] may be cited as the ‘Military Spouses Residency Relief Act’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–12, § 1, Mar. 18, 1991, 105 Stat. 34, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1991’.’’ SHORT TITLE OF 1942 AMENDMENT Act Oct. 6, 1942, ch. 581, § 1, 56 Stat. 769, provided: ‘‘That this Act [see Tables for classification] may be cited as the ‘Soldiers’ and Sailors’ Civil Relief Act Amendments of 1942’.’’ § 3902. Purpose The purposes of this chapter are— (1) to provide for, strengthen, and expedite the national defense through protection ex- tended by this chapter 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. (Oct. 17, 1940, ch. 888, § 2, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2836.) Editorial Notes CODIFICATION Section was formerly classified to section 502 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS Provisions similar to this section were contained in section 100 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179, 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.

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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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