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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2696 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2696

    To amend the Servicemembers Civil Relief Act to provide for the 
             enforcement of rights afforded under that Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2009

Mr. Miller of North Carolina (for himself and Mr. Jones) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend the Servicemembers Civil Relief Act to provide for the 
             enforcement of rights afforded under that Act.

    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 ``Servicemembers' Rights Protection 
Act''.

SEC. 2. ENFORCEMENT OF SERVICEMEMBERS CIVIL RELIEF ACT BY THE ATTORNEY 
              GENERAL AND BY PRIVATE CAUSE OF ACTION.

    (a) General Civil Liability and Enforcement.--The Servicemembers 
Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at 
the end the following new title:

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.

    ``(a) Enforcement by the Attorney General.--The Attorney General 
may commence a civil action in any appropriate United States District 
Court whenever the Attorney General has reasonable cause to believe--
            ``(1) that any person or group of persons is engaging in, 
        or has engaged in, a pattern or practice of conduct in 
        violation of any provision of this Act; or
            ``(2) that any person or group of persons is denying, or 
        has denied, any person or group of persons any protection 
        afforded by any provision of this Act and that such denial 
        raises an issue of general public importance.
    ``(b) Relief That May Be Granted in Civil Actions.--In a civil 
action under subsection (a), the court--
            ``(1) may enter any temporary restraining order, temporary 
        or permanent injunction, or other order as may be appropriate;
            ``(2) may award monetary damages to a servicemember, 
        dependent, or other person protected by any provision of this 
        Act who is harmed by the failure to comply with any provision 
        of this Act, including consequential and punitive damages; and
            ``(3) may, to vindicate the public interest, assess a civil 
        penalty against each defendant--
                    ``(A) in an amount not exceeding $55,000 for a 
                first violation; and
                    ``(B) in an amount not exceeding $110,000 for any 
                subsequent violation.
    ``(c) Intervention in Civil Actions.--Upon timely application, a 
servicemember, dependent, or other person protected by any provision of 
this Act may intervene in a civil action commenced by the Attorney 
General that involves an alleged violation of any provision of this Act 
or a denial of any protection afforded by any provision of this Act 
with respect to which such person claims to be harmed. The court may 
grant to any such intervening party appropriate relief as is authorized 
under subsection (b)(1) or (b)(2). The court may also, in its 
discretion, grant a prevailing intervening party reasonable attorneys' 
fees and costs.

``SEC. 802. PRIVATE CAUSES OF ACTION.

    ``A servicemember, dependent, or other person protected by any 
provision of this Act may commence an action in any appropriate United 
States District Court or in a State court of competent jurisdiction to 
enforce any requirement imposed or protection afforded by any provision 
of this Act. The court may grant to any such servicemember, dependent, 
or person such appropriate relief as is authorized under section 
801(b)(1) or (b)(2). The court may also, in its discretion, grant a 
prevailing party reasonable attorneys' fees and costs.

``SEC. 803. PRESERVATION OF OTHER REMEDIES.

    ``The remedies provided under sections 801 and 802 are in addition 
to and do not preclude any other causes of action available under 
Federal or State law or any other remedies otherwise available under 
Federal or State law, including any award for consequential and 
punitive damages.''.
    (b) Applicability.--Title VIII of the Servicemembers Civil Relief 
Act, as added by subsection (a), shall apply to any cause of action, 
claim, or action to enforce the Servicemembers Civil Relief Act, or to 
seek damages or other relief under any provision of that Act, in 
progress on the date of the enactment of this Act or that may be 
brought after such date.
    (c) Conforming Amendments.--
            (1) Section 207 of such Act (50 U.S.C. App. 527) is amended 
        by striking subsection (f).
            (2) Section 301(c) of such Act (50 U.S.C. App. 531(c)) is 
        amended to read as follows:
    ``(c) Misdemeanor.--Except as provided in subsection (a), a person 
who knowingly takes part in an eviction or distress described in 
subsection (a), or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (3) Section 302(b) of such Act (50 U.S.C. App. 532(b)) is 
        amended to read as follows:
    ``(b) Misdemeanor.--A person who knowingly resumes possession of 
property in violation of subsection (a), or in violation of section 107 
of this Act, or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (4) Section 303(d) of such Act (50 U.S.C. App. 533(d)) is 
        amended to read as follows:
    ``(d) Misdemeanor.--A person who knowingly makes or causes to be 
made a sale, foreclosure, or seizure of property that is prohibited by 
subsection (c), or who knowingly attempts to do so, shall be fined as 
provided in title 18, United States Code, or imprisoned for not more 
than one year, or both.''.
            (5) Section 305(h) of such Act (50 U.S.C. App. 535(h)) is 
        amended to read as follows:
    ``(h) Misdemeanor.--Any person who knowingly seizes, holds, or 
detains the personal effects, security deposit, or other property of a 
servicemember or a servicemember's dependent who lawfully terminates a 
lease covered by this section, or who knowingly interferes with the 
removal of such property from premises covered by such lease, for the 
purpose of subjecting or attempting to subject any of such property to 
a claim for rent accruing subsequent to the date of termination of such 
lease, or attempts to do so, shall be fined as provided in title 18, 
United States Code, or imprisoned for not more than one year, or 
both.''.
            (6) Section 306(e) of such Act (50 U.S.C. App. 536(e)) is 
        amended to read as follows:
    ``(e) Misdemeanor.--A person who knowingly takes an action contrary 
to this section, or attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
or both.''.
            (7) Section 307(c) of such Act (50 U.S.C. App. 537(c)) is 
        amended to read as follows:
    ``(c) Misdemeanor.--A person who knowingly takes an action contrary 
to this section, or attempts to do so, shall be fined as provided in 
title 18, United States Code, or imprisoned for not more than one year, 
or both.''.
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following:

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

``Sec. 801. Enforcement by the attorney general.
``Sec. 802. Private causes of action.
``Sec. 803. Preservation of other remedies.''.
                                 <all>
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