Page:United States Statutes at Large Volume 117.djvu/2880

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[117 STAT. 2861]
PUBLIC LAW 107-000—MMMM. DD, 2003
[117 STAT. 2861]

PUBLIC LAW 108–189—DEC. 19, 2003

117 STAT. 2861

military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable. ‘‘(2) STAY OF ENFORCEMENT OF OTHER CONTRACTS.— ‘‘(A) In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement— ‘‘(i) during the servicemember’s military service; and ‘‘(ii) from the date of termination of or release from military service, or from the date of application if made after termination or release from military service. ‘‘(B) Any stay under this paragraph shall be— ‘‘(i) for a period of time equal to the period of the servicemember’s military service or any part of such period; and ‘‘(ii) subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable. ‘‘(c) AFFECT OF STAY ON FINE OR PENALTY.—When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay. ‘‘SEC. 702. POWER OF ATTORNEY.

50 USC app. 592.

‘‘(a) AUTOMATIC EXTENSION.—A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37, United States Code) if the power of attorney— ‘‘(1) was duly executed by the servicemember— ‘‘(A) while in military service; or ‘‘(B) before entry into military service but after the servicemember— ‘‘(i) received a call or order to report for military service; or ‘‘(ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for military service; ‘‘(2) designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and ‘‘(3) expires by its terms after the servicemember entered a missing status. ‘‘(b) LIMITATION ON POWER OF ATTORNEY EXTENSION.—A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.

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