HR 6225 EHRFSCommentsClose CommentsPermalink

To amend title 38, United States Code, relating to equitable relief with respect to a State or private employer, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Improving SCRA and USERRA Protections Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. EQUITY POWERS.

Section 4323(e) of title 38, United States Code, is amended by striking ‘may use’ and inserting ‘shall use, in any case in which the court determines it is appropriate,’.CommentsClose CommentsPermalink

SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES DURING PERIOD OF MILITARY SERVICE.

(a) In General- Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.

‘(a) Tuition and Reenrollment- Whenever a servicemember is called, activated, or ordered to military service and withdraws or takes a leave of absence from an institution of higher education in which the servicemember is enrolled, the institution shall--CommentsClose CommentsPermalink





‘(1) provide a credit or refund to the servicemember the tuition and fees paid by the servicemember (other than from the proceeds of a grant or scholarship) for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; andCommentsClose CommentsPermalink





‘(2) provide the servicemember an opportunity to reenroll with the same educational and academic status in such program of education that the servicemember had when activated for military service.CommentsClose CommentsPermalink





‘(b) Institution of Higher Education Defined- In this section, the term ‘institution of higher education’ means a 2-year or 4-year institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).’.CommentsClose CommentsPermalink





(b) Exemption of Student Debts From Creditor Protection Based on Income Level- Section 207(c) of such Act (50 U.S.C. App. 527(c)) is amended by adding at the end the following new sentence: ‘This subsection shall not apply with respect to an obligation or liability that is incurred by a servicemember who, at the time the servicemember is called to military service, is a student enrolled within six months of activation at an institution of higher education on a full-time basis, as determined by that institution.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students called to military service.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall take effect for periods of military service beginning after the date of the enactment of this section.CommentsClose CommentsPermalink

SEC. 4. TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN SERVICE CONTRACTS ENTERED INTO BEFORE PERMANENT CHANGE OF STATION OR DEPLOYMENT ORDERS.

(a) Termination- Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating section 308 as section 309; andCommentsClose CommentsPermalink





(2) by inserting after section 307 the following:CommentsClose CommentsPermalink

‘SEC. 308. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.

‘(a) Termination or Suspension by Servicemember- A person in military service who is party to or enters into a contract described in subsection (c) may terminate or suspend, at the person’s option, the contract at any time after the date of the person’s military orders, as described in subsection (c).CommentsClose CommentsPermalink





‘(b) Special Rules- (1) A suspension under subsection (a) of a contract by a person in military service shall continue for the length of the person’s deployment pursuant to the person’s military orders.CommentsClose CommentsPermalink





‘(2) A service provider under a contract suspended or terminated under subsection (a) by a person in military service may not impose a suspension fee or early termination fee in connection with the suspension or termination of the contract, other than a nominal fee for the suspension; except that the service provider may impose a reasonable fee for any equipment remaining on the premises of the person in military service during the period of the suspension. The person in military service may defer, without penalty, payment of such a nominal fee or reasonable fee for the length of the person’s deployment pursuant to the person’s military orders.CommentsClose CommentsPermalink





‘(3) In any case in which the contract being suspended under subsection (a) is for cellular telephone service or telephone exchange service, the person in military service, after the date on which the suspension of the contract ends, may keep, to the extent practicable and in accordance with all applicable laws and regulations, the same telephone number the person had before the person suspended the contract.CommentsClose CommentsPermalink





‘(c) Covered Contracts- This section applies to a contract for cellular telephone service, telephone exchange service, multichannel video programming service, Internet access service, water, electricity, oil, gas, or other utility if the person enters into the contract and thereafter receives military orders--CommentsClose CommentsPermalink





‘(1) to deploy with a military unit, or as an individual, in support of a contingency operation for a period of not less than 90 days; orCommentsClose CommentsPermalink





‘(2) for a change of permanent station to a location that does not support the contract.CommentsClose CommentsPermalink





‘(d) Manner of Termination or Suspension-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Termination or suspension of a contract under subsection (a) is made by delivery by the person in military service of written notice of such termination or suspension and a copy of the servicemember’s military orders to the other party to the contract (or to that party’s grantee or agent).CommentsClose CommentsPermalink





‘(2) NATURE OF NOTICE- Delivery of notice under paragraph (1) may be accomplished--CommentsClose CommentsPermalink





‘(A) by hand delivery;CommentsClose CommentsPermalink





‘(B) by private business carrier;CommentsClose CommentsPermalink





‘(C) by facsimile; orCommentsClose CommentsPermalink





‘(D) by placing the written notice and a copy of the servicemember’s military orders in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the party to be notified (or that party’s grantee or agent), and depositing the envelope in the United States mails.CommentsClose CommentsPermalink





‘(e) Date of Contract Termination or Suspension- Termination or suspension of a service contract under subsection (a) is effective as of the date on which the notice under subsection (d) is delivered.CommentsClose CommentsPermalink





‘(f) Other Obligations and Liabilities- The service provider under the contract may not impose an early termination or suspension charge, but any tax or any other obligation or liability of the person in military service that, in accordance with the terms of the contract, is due and unpaid or unperformed at the time of termination or suspension of the contract shall be paid or performed by the person in military service.CommentsClose CommentsPermalink





‘(g) Fees Paid in Advance- A fee or amount paid in advance for a period after the effective date of the termination of the contract shall be refunded to the person in military service by the other party (or that party’s grantee or agent) within 60 days of the effective date of the termination of the contract.CommentsClose CommentsPermalink





‘(h) Relief to Other Party- Upon application by the other party to the contract to a court before the termination date provided in the written notice, relief granted by this section to a person in military service may be modified as justice and equity require.CommentsClose CommentsPermalink





‘(i) Penalties-CommentsClose CommentsPermalink





‘(1) MISDEMEANOR- Whoever knowingly violates or attempts to violate this section shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization.CommentsClose CommentsPermalink





‘(2) PRESERVATION- The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages.CommentsClose CommentsPermalink





‘(j) Equitable Relief-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to any other remedy available under law, if a person in military service has reason to believe that another party to a contract has violated or is violating this section, the person in military service may--CommentsClose CommentsPermalink





‘(A) bring an action to enjoin the violation in any appropriate United States district court or in any other court of competent jurisdiction; orCommentsClose CommentsPermalink





‘(B) bring an action in any appropriate United States district court or in any other court of competent jurisdiction to recover damages equal to three times the amount for which the other party is liable to the person in military service under this section.CommentsClose CommentsPermalink





‘(2) ATTORNEY FEES- If a person in military service is awarded damages under an action described under paragraph (1), the person shall be awarded, in addition, the costs of the action and reasonable attorney fees, as determined by the court.CommentsClose CommentsPermalink





‘(k) Definitions- For the purposes of this section, the following definitions apply:CommentsClose CommentsPermalink





‘(1) MULTICHANNEL VIDEO PROGRAMMING SERVICE- The term ‘multichannel video programming service’ means video programming service provided by a multichannel video programming distributor, as such term is defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)).CommentsClose CommentsPermalink





‘(2) INTERNET ACCESS SERVICE- The term ‘Internet access service’ has the meaning given that term under section 231(e)(4) of the Communications Act of 1934 (47 U.S.C. 231(e)(4)).CommentsClose CommentsPermalink





‘(3) CELLULAR TELEPHONE SERVICE- The term ‘cellular telephone service’ means commercial mobile service, as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).CommentsClose CommentsPermalink





‘(4) TELEPHONE EXCHANGE SERVICE- The term ‘telephone exchange service’ has the meaning given that term under section 3 of the Communications Act of 1934 (47 U.S.C. 153).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by striking the item relating to section 308 and inserting the following new items:CommentsClose CommentsPermalink





‘Sec. 308. Termination or suspension of service contracts.CommentsClose CommentsPermalink





‘Sec. 309. Extension of protections to dependents.’.CommentsClose CommentsPermalink

SEC. 5. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(e) Penalty- Whoever knowingly violates subsection (a) shall be fined not more than $5,000 in the case of an individual or $10,000 in the case of an organization.CommentsClose CommentsPermalink





‘(f) Rights of Servicemembers-CommentsClose CommentsPermalink





‘(1) EQUITABLE RELIEF-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In addition to any other remedies as are provided under Federal or State law, if a servicemember has reason to believe that a creditor has violated or is violating this section, the servicemember may--CommentsClose CommentsPermalink





‘(i) bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; andCommentsClose CommentsPermalink





‘(ii) bring an action to recover damages equal to three times the amount of the interest charged in violation of this section (plus interest) for which the creditor is liable to the servicemember under this section as a result of the violation.CommentsClose CommentsPermalink





‘(B) DETERMINATION OF NUMBER OF VIOLATIONS- In determining the number of violations by a creditor for which a penalty is imposed under subsection (e) or subparagraph (A), the court shall count as a single violation each obligation or liability of a servicemember with respect to which--CommentsClose CommentsPermalink





‘(i) the servicemember properly provided to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service under subsection (b); andCommentsClose CommentsPermalink





‘(ii) the creditor failed to treat in accordance with subsection (a).CommentsClose CommentsPermalink





‘(2) ATTORNEY FEES- If a servicemember is awarded damages under an action described under paragraph (1), the servicemember shall be awarded, in addition, the costs of the action and reasonable attorney fees, as determined by the court.CommentsClose CommentsPermalink





‘(g) Preservation of Other Remedies- The rights and remedies provided under subsections (e) and (f) are in addition to and do not preclude any other remedy available under law to a person claiming relief under this section, including any award for consequential or punitive damages.’.CommentsClose CommentsPermalink

SEC. 6. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL.

(a) Guarantee of Residency- Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--CommentsClose CommentsPermalink





(1) by striking ‘For’ and inserting ‘(a) For’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence--CommentsClose CommentsPermalink





‘(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;CommentsClose CommentsPermalink





‘(2) be deemed to have acquired a residence or domicile in any other State; orCommentsClose CommentsPermalink





‘(3) be deemed to have become a resident in or a resident of any other State.’.CommentsClose CommentsPermalink





(b) Clerical Amendments-CommentsClose CommentsPermalink





(1) The heading for such section is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND SPOUSES OF MILITARY PERSONNEL.’.

(2) The item relating to such section in the table of contents in section 1(b) of such Act is amended to read as follows:CommentsClose CommentsPermalink





‘Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.’.CommentsClose CommentsPermalink

SEC. 7. RESIDENCE FOR TAX PURPOSES.

Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘A servicemember’ and inserting the following:CommentsClose CommentsPermalink





‘(1) SERVICEMEMBER- A servicemember’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) SPOUSE OF SERVICEMEMBER- A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.’.CommentsClose CommentsPermalink

SEC. 8. SPOUSE’S COMPENSATION DURING MILITARY SERVICE.

Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571(b)) is amended--CommentsClose CommentsPermalink





(1) by striking the subsection designation and heading and all that follows through ‘Compensation’ and inserting the following:CommentsClose CommentsPermalink





‘(b) Military Service and Spouse’s Compensation-CommentsClose CommentsPermalink





‘(1) MILITARY SERVICE COMPENSATION- Compensation’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) Spouse’S COMPENSATION- Compensation of a spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if, when the compensation is earned, the spouse of the servicemember is not a resident or domiciliary of the jurisdiction and the jurisdiction is the jurisdiction in which the servicemember is serving in compliance with military orders.’.CommentsClose CommentsPermalink

Passed the House of Representatives July 31, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.