69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–778 

IMPROVING SCRA AND USERRA PROTECTIONS ACT OF 

2008 

JULY 28, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. FILNER, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 6225] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 6225) to amend title 38, United States Code, relating to 

equitable relief with respect to a State or private employer, having 

considered the same, report favorably thereon with amendments 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 5 

Background and Need for Legislation .................................................................... 5 

Hearings ................................................................................................................... 7 

Subcommittee Consideration .................................................................................. 9 

Committee Consideration ........................................................................................ 9 

Committee Votes ...................................................................................................... 9 

Committee Oversight Findings ............................................................................... 9 

Statement of General Performance Goals and Objectives .................................... 10 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 10 

Earmarks and Tax and Tariff Benefits .................................................................. 10 

Committee Cost Estimate ....................................................................................... 10 

Congressional Budget Office Estimate ................................................................... 10 

Federal Mandates Statement ................................................................................. 13 

Advisory Committee Statement .............................................................................. 13 

Constitutional Authority Statement ...................................................................... 13 

Applicability to Legislative Branch ........................................................................ 13 

Section-by-Section Analysis of the Legislation ...................................................... 14 

Changes in Existing Law Made by the Bill, as Reported ..................................... 14 


jbell on PROD1PC69 with REPORTS
2 

AMENDMENT

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

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 IN- COME 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 


jbell on PROD1PC69 with REPORTS
3 

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, 


jbell on PROD1PC69 with REPORTS
4 

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; 


jbell on PROD1PC69 with REPORTS
5 

‘‘(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.’’. 

Amend the title so as to read: 

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

PURPOSE AND SUMMARY

H.R. 6225 was introduced by Representative Stephanie Herseth 

Sandlin of South Dakota, the Chairwoman of the Subcommittee on 

Economic Opportunity of the Committee on Veterans’ Affairs, on 

June 10, 2008. This legislation, as amended, includes provisions 

from H.R. 2910, introduced by Representative Susan Davis of California; H.R. 3298, introduced by Representative Patrick Murphy of 

Pennsylvania; and, H.R. 6070 introduced by Representative John 

R. Carter of Texas. 

H.R. 6225, as amended, would encourage courts, when appropriate and at the discretion of the court, to use equity powers in 

suits involving the Uniformed Services Employment and Reemployment Rights Act (USERRA) and amends the Servicemembers Civil 

Relief Act (SCRA) to provide additional protections to 

servicemembers enrolled in institutes of higher education; to 

servicemembers relating to certain service contracts; and to 

spouses of servicemembers regarding the state of domicile for tax 

and voting purposes. 

BACKGROUND AND NEED FOR LEGISLATION

EQUITY POWERS

On February 13, 2008, the Subcommittee on Economic Opportunity conducted a hearing titled ‘‘Review of Expiring Programs.’’ This hearing provided the Subcommittee the opportunity to entertain recommendations on ways to improve programs and expand 

veterans’ rights. One such recommendation came from Mr. Matthew B. Tully, founding partner of Tully Rinckey PLLC, who is a 

USERRA specialist. 

Mr. Tully described to the Subcommittee a situation where a 

servicemember sought injunctive relief from his employer but the 


jbell on PROD1PC69 with REPORTS
6 

court denied his request. Mr. Tully recommended that the Subcommittee consider amending USERRA to reiterate that a court 

may utilize, when appropriate, its powers of equitable relief under 

USERRA. The Committee agrees that it is important to statutorily 

underline the equitable relief powers that courts already possess, 

and has included language specifically highlighting a court’s ability 

to grant equitable relief where appropriate. 

RELIEF FOR STUDENTS WHO ARE MEMBERS OF THE ARMED FORCES

DURING PERIOD OF MILITARY SERVICE

Since the attacks that occurred on September 11, 2001, many of 

our servicemembers have experienced multiple deployments in support of missions throughout the globe to include operations in Iraq 

and Afghanistan. Many of these men and women have been members of the Reserve Forces whose military commitment required 

them to interrupt their college education. Students who serve in 

the military face unique hardships when colleges and universities 

do not refund tuition and fees to students when they are activated 

during the academic year. 

In addition to situations where colleges and universities do not 

refund tuition and fees, there have been instances where 

servicemembers have received failing grades after leaving school 

for required military service in the middle of the quarter or semester—even after notifying the school administration of their military 

commitment. Servicemembers also face hardships when it comes to 

remaining current with their student loans. Activated military personnel have been known to receive collection notices for student 

loans while serving in combat zones. 

H.R. 6225 adds provisions to the SCRA requiring colleges and 

universities to refund servicemembers’ tuition and fees for any unearned credit for the semester or quarter when they are activated 

for duty. The legislation would also require schools to re-admit student veterans after completion of their active duty at their previous 

academic status. 

Under current law, servicemembers, while deployed, are generally not required to pay more than a six percent interest rate on 

all forms of debt under the SCRA. However, this interest rate cap 

has not been applied to student loans. H.R. 6225 specifically adds 

student loan obligations to this interest rate cap. 

TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN

SERVICE CONTRACTS

There is a growing problem that many deployed servicemembers 

are currently facing in having their credit damaged during their 

deployments over issues concerning contracts with cellular telephone or internet service providers. The Committee has also 

learned that some financial institutions have been recalcitrant or 

unwilling to reduce servicemembers’ interest rates during their deployments on certain types of loans such as mortgages, even 

though these creditors are already required to do so under current 

law. 

H.R. 6225 would extend SCRA protections to enable 

servicemembers with deployment orders to more easily terminate 

or suspend service contracts without fee or penalty for such services as cellular phones, utilities, cable television, or internet access. 


jbell on PROD1PC69 with REPORTS
7 

These protections currently exist for residential and automobile 

leases. 

Unfortunately, some families of servicemembers have been faced 

with repeated harassment by collection agencies because of these 

situations. Currently, creditors who knowingly or negligently fail to 

reduce interest rates upon notification from a servicemember with 

deployment orders face no specific penalty. Therefore, this measure 

would add a penalty provision to the SCRA that would apply to 

those creditors who refuse to reduce interest rates as currently required under the SCRA. 

GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL

The SCRA provides basic civil relief to our men and women in 

the Armed Services in exchange for their voluntary service. These 

protections include an option to maintain a single state of domicile 

regardless of where their military orders may send them. This enables servicemembers to simplify their state income tax requirements, maintain a driver’s license in a single state, and continue 

to vote for the elected officials from their hometown. 

However, while servicemembers receive this important protection, the SCRA does not currently offer these same protections to 

the spouse of the servicemember. Although the servicemember is 

provided the stability of a single state of domicile over the course 

of his or her career, with every move or deployment the spouse 

must change voter registration, obtain a new driver’s license, and 

pay income tax to a state where they never intended to live. 

H.R. 6225 would enable military spouses to claim the same state 

of domicile as the servicemember for the purposes of state income 

and property taxes as well as voter registration. 

HEARINGS

On January 17, 2008, the Subcommittee on Economic Opportunity held a hearing titled the ‘‘Review of Pending Montgomery 

G.I. Bill Legislation.’’ The following witnesses testified: Colonel 

Robert F. Norton, USA (Ret.), Deputy Director, Government Relations, Military Officers Association of America; Mr. Patrick Campbell, Legislative Director, Iraq and Afghanistan Veterans of America; Mr. Eric A. Hilleman, Deputy Director, National Legislative 

Service, Veterans of Foreign Wars of the United States; Mr. Ronald 

F. Chamrin, Assistant Director, Economic Commission, The American Legion; Mr. Thomas L. Bush, Acting Deputy Assistant Secretary of Defense for Reserve Affairs, U.S. Department of Defense; 

Dr. Curtis L. Gilroy, Director for Accession Policy, Office of the 

Under Secretary of Defense for Personnel and Readiness, U.S. Department of Defense; and, Mr. Keith M. Wilson, Director of Education Service for the Veterans Benefits Administration, U.S. Department of Veterans Affairs. Those submitting statements for the 

record included: The Honorable Rick Larsen of Washington; The 

Honorable Jim Matheson of Utah; The Honorable Robert C. 

‘‘Bobby’’ Scott of Virginia; the Paralyzed Veterans of America; and, 

Mr. Jim Pace, President, Washington State Council, Vietnam Veterans of America. 

On April 16, 2008, the Subcommittee on Economic Opportunity 

held a hearing on a number of bills introduced in the 110th ConVerDate Aug 31 2005 05:45 Jul 29, 2008 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR778.XXX HR778

jbell on PROD1PC69 with REPORTS
8 

gress, including H.R. 3298. The following witnesses testified: The 

Honorable Bob Filner of California; The Honorable Steve Buyer of 

Indiana; The Honorable Cliff Stearns of Florida; The Honorable 

Ciro D. Rodriguez of Texas; The Honorable John A. Yarmuth of 

Kentucky; The Honorable Robin Hayes of North Carolina; The 

Honorable Artur Davis of Alabama; The Honorable Patrick J. Murphy of Pennsylvania; Mr. Ronald F. Chamrin, Assistant Director of 

the Economic Commission, The American Legion; Mr. Justin 

Brown, Legislative Associate of National Legislative Service, Veterans of Foreign Wars of the United States; Mr. Richard Daley, Associate Legislative Director, Paralyzed Veterans of America; Mr. 

Patrick M. Campbell, Legislative Director, Iraq and Afghanistan 

Veterans of America; Colonel Robert F. Norton, USA (Ret.), Deputy 

Director of Government Relations, Military Officers Association of 

America; The Honorable Charles S. Ciccolella, Assistant Secretary 

for Veterans’ Employment and Training Service, U.S. Department 

of Labor; Mr. Thomas L. Bush, Acting Deputy Assistant Secretary 

of Defense for Reserve Affairs, U.S. Department of Defense; Dr. 

Curtis L. Gilroy, Director for Accession Policy, Office of the Under 

Secretary of Defense for Personnel and Readiness, U.S. Department of Defense; and, Mr. Keith Pedigo, Associate Deputy Under 

Secretary for Policy and Program Management for the Veterans 

Benefits Administration, U.S. Department of Veterans Affairs, accompanied by Mr. John Brizzi, Staff Attorney of the Office of General Counsel, U.S. Department of Veterans Affairs. Those submitting statements for the record included: Mr. Jot D. Carpenter, Jr., 

Vice President of Government Affairs, CTIA—The Wireless Association; Mr. Kerry Baker, Associate National Legislative Director, 

Disabled American Veterans; and, Mr. Kyle McSlarrow, President 

and Chief Executive Officer, National Cable and Telecommunications Association. 

On June 19, 2008, the Subcommittee on Economic Opportunity 

held a legislative hearing on a number of bills introduced in the 

110th Congress, including H.R. 6070 and H.R. 6225. The following 

witnesses testified: The Honorable Bob Filner of California; The 

Honorable Dennis A. Cardoza of California; The Honorable Zoe 

Lofgren of California; The Honorable John R. Carter of Texas; The 

Honorable John Boozman of Arkansas; The Honorable Stephanie 

Herseth Sandlin of South Dakota; The Honorable Peter Welch of 

Vermont; Mr. Charles Huebner, Chief of Paralympics, United 

States Olympic Committee; Mr. Bobby Franklin, Executive Vice 

President, CTIA The Wireless Association; Mr. Kerry Baker, Associate National Legislative Director, Disabled American Veterans; 

Mr. Joseph C. Sharpe, Jr., Deputy Director, National Economic 

Commission, The American Legion; Mr. Richard Daley, Associate 

Legislation Director, Paralyzed Veterans of America; Mr. Rick 

Weidman, Executive Director for Policy and Government Affairs, 

Vietnam Veterans of America; and Mr. Keith Pedigo, Associate 

Deputy Under Secretary for Policy and Program Management for 

the Veterans Benefits Administration, U.S. Department of Veterans Affairs, accompanied by Ms. Diane Hartmann, Director, National Programs and Special Events, U.S. Department of Veterans 

Affairs. Those submitting statements for the record included: The 

Honorable Michael L. Dominguez, Principal Deputy Under Secretary of Defense (Personnel and Readiness), U.S. Department of 


jbell on PROD1PC69 with REPORTS
9 

Defense; The Honorable Charles S. Ciccolella, Assistant Secretary 

for Veterans’ Employment and Training, U.S. Department of Labor; 

and Ms. Rebecca Noah Poynter, Owner, OnPoynt Communications, 

Dallas, Texas. 

SUBCOMMITTEE CONSIDERATION

On June 26, 2008, the Subcommittee on Economic Opportunity 

met in open markup session and ordered favorably forwarded to 

the full Committee H.R. 6225; H.R. 6070; H.R. 2910, as amended; 

and, H.R. 3298, as amended, by voice vote. During consideration of 

H.R. 2910 the following amendment was considered: An amendment in the nature of a substitute by Mr. Hall of New York to remove section 3 as duplicative of current law, was agreed to by voice 

vote. 

During consideration of H.R. 3298 the following amendment was 

considered: An amendment in the nature of a substitute by Mr. 

Hall of New York to include technical terminology for the various 

affected industries as established in the Communications Act of 

1944, was agreed to by voice vote. 

This amendment also permits a servicemember to pay a nominal 

fee to keep the account active and a reasonable fee for any equipment that the servicemember retains during suspension. It also 

stipulates that, to the extent practicable, the servicemember should 

be able to retain his or her phone number. Furthermore, the 

amendment includes a penalty for whoever knowingly violates the 

law and shall be fined $5,000 in the case of an individual or 

$10,000 in the case of an organization. 

COMMITTEE CONSIDERATION

On July 16, 2008, the full Committee met in an open markup 

session, a quorum being present, and ordered H.R. 6225, as amended, reported favorably to the House of Representatives, by voice 

vote. During consideration of the bill the following amendment was 

considered: An amendment in the nature of a substitute by Ms. 

Herseth Sandlin of South Dakota to incorporate language of H.R. 

6070, and amended language of H.R. 2910 and H.R. 3298, was 

agreed to by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report the legislation and amendments thereto. There were no 

record votes taken on amendments or in connection with ordering 

H.R. 6225 reported to the House. A motion by Mr. Buyer of Indiana 

to order H.R. 6225, as amended, reported favorably to the House 

of Representatives was agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 


jbell on PROD1PC69 with REPORTS
10 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 6225 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 6255 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 6255 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 24, 2008. 

Hon. BOB FILNER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6225, the Improving 

SCRA and USERRA Protections Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Neil Hood, who can be 

reached at 225–3220. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 6225—Improving SCRA and USERRA Protections Act of 2008 

Summary: H.R. 6225 would require courts to grant injunctive relief, when appropriate, to veterans filing claims against state or 

private employers under the Uniformed Services Employment and 

Reemployment Rights Act (USERRA). The bill also would apply to 


jbell on PROD1PC69 with REPORTS
11 

student loans the current 6 percent cap on interest on outstanding 

debt obligations of people serving in the military. CBO estimates 

that implementing the bill would not have a significant effect on 

the federal budget. 

H.R. 6225 would impose several intergovernmental mandates as 

defined in the Unfunded Mandates Reform Act (UMRA). The bill 

would require public institutions of higher education to refund tuition and fees to servicemembers if they must leave school because 

of military service commitments. The bill also would prohibit governmental entities from charging fees to some servicemembers for 

terminating utility contracts, and it would prohibit state and local 

governments from imposing certain taxes on some spouses of 

servicemembers. In aggregate, CBO estimates that the costs of the 

intergovernmental mandates in the bill would total between $40 

million and $50 million in 2008 and similar amounts annually 

thereafter; such costs would not exceed the threshold established in 

UMRA ($68 million in 2008, adjusted annually for inflation). 

Section 4 of UMRA excludes from the application of that act any 

legislative provisions that enforce the constitutional rights of individuals. CBO has determined that section 6 of H.R. 6225 would fall 

within that exclusion because it would protect individuals’ voting 

rights. Therefore, CBO has not reviewed that section of the bill for 

mandates. 

The bill contains provisions related to education expenses (in section 3) and service contract fees (in section 4) for certain members 

of the military that would impose private-sector mandates as defined in UMRA. CBO estimates that the cost of complying with 

those mandates would likely be below the annual threshold established in that act ($136 million in 2008, adjusted annually for inflation). 

Basis of estimate: H.R. 6225 would require courts to grant injunctive relief, when appropriate, to veterans filing claims against 

state or private employers under USERRA. Servicemembers can 

file USERRA claims if they believe they have been terminated from 

their job or lost certain promotions or benefits as a result of their 

military obligations. Information from the Department of Justice 

(DOJ) indicates that in 2006 four complaints were filed in federal 

district courts on behalf of USERRA claimants. Because CBO expects that the bill would not appreciably change the workload of 

federal court personnel and DOJ, we estimate implementing this 

provision would have no significant effect on the federal budget. 

The bill also would extend to student loans the current 6 percent 

cap on interest on outstanding debt obligations of people serving in 

the military. This cap would only be in effect while the person is 

on active duty and only for debt accrued prior to active duty. CBO 

estimates that this change would have a minimal cost for several 

reasons. First, many current borrowers have loans with interest 

rates below the cap. Second, many of those loans already carry a 

deferment from repayment for those serving in areas of conflict. Finally, the statutory payments to private lenders would not be altered by this proposed change. 

Estimated impact on State, local, and tribal governments: H.R. 

6225 contains intergovernmental mandates as defined in UMRA. 

CBO estimates that the costs of complying with those mandates 

would total between $40 million and $50 million in 2008 and simiVerDate Aug 31 2005 05:45 Jul 29, 2008 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR778.XXX HR778

jbell on PROD1PC69 with REPORTS
12 

lar amounts annually thereafter. Such costs would not exceed the 

threshold established in UMRA ($68 million in 2008, adjusted annually for inflation). 

The bill would require public institutions of higher education to 

refund or credit tuition and fees paid by servicemembers who have 

to leave school because of military service commitments. In addition, those institutions would be required to provide 

servicemembers who discontinued an educational program because 

of military service an opportunity to reenroll with the same educational and academic status held prior to their military service. 

Information from state and higher education officials indicates that 

public institutions of higher education in approximately half the 

states already extend similar benefits to servicemembers, either because of state law or institutional policies. CBO estimates that 

those institutions not extending such benefits would incur costs of 

between $40 million and $50 million in 2008, and that the total 

costs would remain under the threshold established in UMRA 

through 2012. 

The bill would impose additional intergovernmental mandates by 

limiting the ability of state and local governments to collect taxes 

and levy fees on some servicemembers and their spouses. The bill 

would prohibit public utilities from charging early termination fees 

to servicemembers and would require them to refund fees or payments made in advance for services not rendered. The bill also 

would limit the ability of a state or local government to levy certain 

taxes on the personal property or income of a spouse of a 

servicemember if the spouse moves into the government’s jurisdiction to be with the servicemember. These requirements would be 

intergovernmental mandates as defined in UMRA, but CBO estimates that the costs, if any, would be small. 

Section 4 of UMRA excludes from the application of that act any 

legislative provisions that enforce the constitutional rights of individuals. CBO has determined that section 6 of H.R. 6225 would fall 

within that exclusion because it would protect individuals’ voting 

rights. Therefore, CBO has not reviewed this section of the bill for 

mandates. 

Estimated impact on the private sector: The bill contains privatesector mandates as defined in UMRA, but CBO estimates that the 

total cost of the mandates would likely be below the annual threshold established in UMRA ($136 million in 2008, adjusted annually 

for inflation). Section 3 would require institutions of higher education to refund tuition and fees paid by students called to military 

service, reflecting the portion of the education program for which 

servicemembers did not receive academic credit. That section also 

would limit the interest rate on student loans to 6 percent per year 

for certain servicemembers during their period of military service, 

regardless of their ability to pay. 

Section 4 of the bill would prevent cellular telephone, Internet 

access, utility, and other service providers from imposing suspension and early termination fees on certain servicemembers, except 

for a nominal fee for the suspension and a reasonable fee for any 

equipment remaining on such servicemembers’ premises. The waiver would be applicable for those servicemembers who are deployed 

to contingency operations or are assigned to permanent stations in 

locations that do not support the service contracts. 


jbell on PROD1PC69 with REPORTS
13 

CBO expects that the number of servicemembers called to military service while enrolled at an institution of higher education 

would be small. Based on estimates of total student loan debt for 

servicemembers entering the military, CBO also expects that the 

annual costs to lenders resulting from a reduction in the maximum 

allowable interest rate for those loans would be small. Finally, 

CBO estimates that the costs of the mandate on service providers 

would be well below the annual threshold, particularly since all 

major cellular phone carriers currently waive cancellation fees for 

military personnel going abroad and for customers moving to areas 

with no coverage. 

Previous CBO estimate: On August 28, 2007, CBO transmitted 

a cost estimate for S. 1315, the Veterans’ Benefits Enhancement 

Act of 2007, as ordered reported by the Senate Committee on Veterans’ Affairs on June 27, 2007. Section 804 of that bill is similar 

to section 4 of H.R. 6225. The earlier bill, however, included provisions only for the suspension or termination of cellular phone contracts. CBO determined that S. 1315 contained a private-sector 

mandate only on cellular telephone service contractors, and the 

costs of that mandate would likely be below the threshold established in UMRA. 

Estimate prepared by: Federal Spending: Veterans’ Affairs—Neil 

Hood. Injunctive Relief—Leigh Angres. Student Loans—Deborah 

Kalcevic. Impact on State, Local, and Tribal Governments: Elizabeth Cove, Neil Hood, and Lisa Ramirez-Branum. Impact on the 

Private Sector: Daniel Frisk. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 6225 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 6225. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for H.R. 6225 is provided by Article I, section 8 of the Constitution of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 


jbell on PROD1PC69 with REPORTS
14 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section would provide the short title of H.R. 6225 as the 

‘‘Improving SCRA and USERRA Protections Act of 2008.’’

Section 2. Equity powers 

This section would encourage courts to utilize equity powers 

when deemed appropriate in USERRA cases. 

Section 3. Relief for students who are members of the Armed Forces 

during period of military service 

This section would require colleges and universities to refund a 

student’s tuition and fees for unearned credit for the semester or 

quarter when they are activated for duty and requires colleges and 

universities to allow students to reenter the institution with the 

identical educational and academic status they had when they activated for duty. In addition, this section would extend the current 

interest rate cap in the SCRA to student loan obligations. 

Section 4. Termination or suspension by servicemembers of certain 

service contracts entered into before permanent change of station or deployment orders 

This section would extend SCRA protections to enable 

servicemembers with deployment orders to more easily terminate 

or suspend service contracts without fee or penalty for such services as cellular phones, utilities, cable television, or internet access, 

protections that currently exist for residential and automobile 

leases. 

Section 5. Penalties for violation of interest rate limitation under 

SCRA 

This section would add a penalty provision to the SCRA that 

would apply to those creditors who refuse to reduce interest rates 

as currently required under the SCRA. 

Section 6. Guarantee of residency for spouses of military personnel 

This section would allow a military spouse to vote in the same 

location of Federal, state and local elections as the servicemember. 

Section 7. Residency for tax purposes 

This section would allow the spouse of a servicemember to pay 

taxes in the same state as the servicemember. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 


jbell on PROD1PC69 with REPORTS
15 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT 

RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES 

* * * * * * * 

SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, 

ENFORCEMENT, AND INVESTIGATION 

* * * * * * * 

§ 4323. Enforcement of rights with respect to a State or private employer 

(a) * * * 

* * * * * * * 

(e) EQUITY POWERS.—The court ømay use¿ shall use, in any case 

in which the court determines it is appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights 

or benefits of persons under this chapter. 

* * * * * * * 

SERVICEMEMBERS CIVIL RELIEF ACT 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

* * * * * * * 

TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, 

ASSIGNMENT, LEASES 

* * * * * * * 

øSec. 308. Extension of protections to dependents.¿ 

Sec. 308. Termination or suspension of service contracts. 

Sec. 309. Extension of protections to dependents. 

* * * * * * * 

TITLE VII—FURTHER RELIEF 

* * * * * * * 

øSec. 705. Guarantee of residency for military personnel.¿ 

Sec. 705. Guarantee of residency for military personnel and spouses of military personnel. 

* * * * * * * 

Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students 

called to military service. 

* * * * * * * 

TITLE II—GENERAL RELIEF 

* * * * * * * 


jbell on PROD1PC69 with REPORTS
16 

SEC. 207. MAXIMUM RATE OF INTEREST ON DEBTS INCURRED BEFORE 

MILITARY SERVICE. 

(a) * * * 

* * * * * * * 

(c) CREDITOR PROTECTION.—A court may grant a creditor relief 

from the limitations of this section if, in the opinion of the court, 

the ability of the servicemember to pay interest upon the obligation 

or liability at a rate in excess of 6 percent per year is not materially affected by reason of the servicemember’s military service. 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. 

* * * * * * * 

(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. 


jbell on PROD1PC69 with REPORTS
17 

TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES 

* * * * * * * 

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 


jbell on PROD1PC69 with REPORTS
18 

(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: 


jbell on PROD1PC69 with REPORTS
19 

(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). 

SEC. ø308.¿ 309. EXTENSION OF PROTECTIONS TO DEPENDENTS. 

Upon application to a court, a dependent of a servicemember is 

entitled to the protections of this title if the dependent’s ability to 

comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service. 

* * * * * * * 

TITLE V—TAXES AND PUBLIC LANDS 

* * * * * * * 

SEC. 511. RESIDENCE FOR TAX PURPOSES. 

(a) RESIDENCE OR DOMICILE.—øA servicemember¿ 

(1) SERVICEMEMBER.—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 

servicemember by reason of being absent or present in any tax 

jurisdiction of the United States solely in compliance with military orders. 

(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. 

* * * * * * * 

TITLE VII—FURTHER RELIEF 

* * * * * * * 

SEC. 705. øGUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.¿ 

GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL 

AND SPOUSES OF MILITARY PERSONNEL. 

øFor¿ (a) For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 


jbell on PROD1PC69 with REPORTS
20 

(2 U.S.C. 431)) or a State or local office, a person who is absent 

from a State in compliance with military or naval orders shall not, 

solely by reason of that absence— (1) * * * 

* * * * * * * 

(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. 

* * * * * * * 

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). 

Æ 


jbell on PROD1PC69 with REPORTS