[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6225 Referred in Senate (RFS)]
2d Session
H. R. 6225
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2008
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, relating to equitable relief
with respect to a State or private employer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving SCRA and USERRA
Protections Act of 2008''.
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,''.
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:
``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--
``(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; and
``(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.
``(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).''.
(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.''.
(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:
``Sec. 707. Tuition, reenrollment, and student loan relief for
postsecondary students called to military
service.''.
(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.
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--
(1) by redesignating section 308 as section 309; and
(2) by inserting after section 307 the following:
``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).
``(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.
``(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.
``(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.
``(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--
``(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; or
``(2) for a change of permanent station to a location that
does not support the contract.
``(d) Manner of Termination or Suspension.--
``(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).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier;
``(C) by facsimile; or
``(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.
``(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.
``(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.
``(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.
``(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.
``(i) Penalties.--
``(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.
``(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.
``(j) Equitable Relief.--
``(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--
``(A) bring an action to enjoin the violation in
any appropriate United States district court or in any
other court of competent jurisdiction; or
``(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.
``(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.
``(k) Definitions.--For the purposes of this section, the following
definitions apply:
``(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)).
``(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)).
``(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)).
``(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).''.
(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:
``Sec. 308. Termination or suspension of service contracts.
``Sec. 309. Extension of protections to dependents.''.
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:
``(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.
``(f) Rights of Servicemembers.--
``(1) Equitable relief.--
``(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--
``(i) bring an action to enjoin such
violation in any appropriate United States
district court or in any other court of
competent jurisdiction; and
``(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.
``(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--
``(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); and
``(ii) the creditor failed to treat in
accordance with subsection (a).
``(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.
``(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.''.
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--
(1) by striking ``For'' and inserting ``(a) For''; and
(2) by adding at the end the following new subsection:
``(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--
``(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;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
(b) Clerical Amendments.--
(1) The heading for such section is amended to read as
follows:
``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:
``Sec. 705. Guarantee of residency for military personnel and spouses
of military personnel.''.
SEC. 7. RESIDENCE FOR TAX PURPOSES.
Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 571(a)) is amended--
(1) by striking ``A servicemember'' and inserting the
following:
``(1) Servicemember.--A servicemember''; and
(2) by adding at the end the following:
``(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.''.
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--
(1) by striking the subsection designation and heading and
all that follows through ``Compensation'' and inserting the
following:
``(b) Military Service and Spouse's Compensation.--
``(1) Military service compensation.--Compensation''; and
(2) by adding at the end the following:
``(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.''.
Passed the House of Representatives July 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.