	Introduction

The Soldiers' and Sailors' Civil Relief Act of 1940 (S SCRA) provided civil protections and rights to individuals based on their service in the U.S. armed forces. On December 19, 2003, Congress enacted P.L. 108-189 , the Servicemembers Civil Relief Act (SCRA), in response to the increased utilization of Reserve and National Guard military units in the Global War on Terrorism, and as a modernization and restatement of the protections and rights previously available to servicemembers under the SSCRA. Much like with the SSCRA, the SCRA has been amended since its initial passage and proposed changes continue to be introduced in Congress. Congress has long recognized the need for protective legislation for servicemembers whose service to the nation compromises their ability to meet obligations and protect their legal interests. Forgiveness of all debts or the extinguishment of contractual obligations on behalf of servicemembers, who have been called up for active duty, is not provided, nor is absolute immunity from civil lawsuits granted. One measure that affects many who are called to active duty is the cap on interest at an annual rate of 6% on debts incurred prior to a person's entry into active duty military service (Section 207). The coverage ends in the event the orders to active duty are revoked. They serve to suspend civil liabilities of military personnel and preserve causes of action either for or against them. Protection of servicemembers against default judgments—Section 201 (50 U.S.C. For the purposes of Title IV of the SCRA, the following definitions apply:
'Policy' — "Policy" includes any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance), or benefit similar to life insurance that comes from membership in any fraternal or beneficial association and has to satisfy all of the following conditions:
1. the policy does not include a provision limiting the amount of insurance coverage based on the insured's military service; 2. the policy does not require the insured to pay higher premiums if he or she is in military service; 3. the policy does not include a provision that limits or restricts coverage if the insured person engages in any activity required by military service; and 4. the policy has to be "in force" (premiums have to be paid on time before any benefit guaranteed by these sections of the law can be claimed) for at least 180 days before the insured enters military service.
Recognizing the special burdens that members of the military may encounter trying to meet their financial obligations while serving their country, Congress passed the Soldiers' and Sailors' Civil Relief Act (SSCRA) in 1940. The law was amended from time to time, ordinarily in response to military operations that required the activation of the Reserves. P.L. 108-189, the Servicemembers Civil Relief Act (SCRA), was enacted on December 19, 2003, as a modernization and restatement of the protections contained in the SSCRA. Much like with the SSCRA, the SCRA has been amended since its initial passage and proposed changes continue to be introduced in Congress. This report summarizes the rights granted to persons serving on active duty in the U.S. Armed Forces, and in some instances, to their dependents, under the SCRA.
The SCRA provides protections for servicemembers in the event that their military service impedes their ability to meet financial obligations incurred before entry into active military service. Forgiveness of all debts or the extinguishment of contractual obligations on behalf of servicemembers, who have been called up for active duty, is not provided, nor is absolute immunity from civil lawsuits granted. Instead, the act suspends civil claims against servicemembers and protects them from default judgments. The SCRA includes provisions that prohibit the eviction of military members and their dependents from rental or mortgaged property; create a cap on interest at 6% on debts incurred prior to an individual entering active duty military service; protect against the cancellation of life insurance or the non-reinstatement of health insurance policies; allow some professionals to suspend malpractice or liability insurance while on active duty; and proscribe taxation in multiple jurisdictions and forced property sales in order to pay overdue taxes. The U.S. Attorney General is authorized to commence a civil action to enforce provisions of the SCRA. Additionally, servicemembers and their dependents have the right to commence a civil action, that is, a private cause of action, to enforce protections afforded them under the SCRA.