I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemembers’ 

5 Rights Protection Act’’. 

6 SEC. 2. ENFORCEMENT OF SERVICEMEMBERS CIVIL RE7 LIEF ACT BY THE ATTORNEY GENERAL AND 

8 BY PRIVATE CAUSE OF ACTION. 

9 (a) GENERAL CIVIL LIABILITY AND ENFORCE10 MENT.—The Servicemembers Civil Relief Act (50 U.S.C. 


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1 App. 501 et seq.) is amended by adding at the end the 

2 following new title: 

3 ‘‘TITLE VIII—CIVIL LIABILITY 

4 FOR NONCOMPLIANCE 

5 ‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. 

6 ‘‘(a) ENFORCEMENT BY THE ATTORNEY GEN7 ERAL.—The Attorney General may commence a civil ac8 tion in any appropriate United States District Court 

9 whenever the Attorney General has reasonable cause to 

10 believe— 

11 ‘‘(1) that any person or group of persons is en12 gaging in, or has engaged in, a pattern or practice 

13 of conduct in violation of any provision of this Act; 

14 or 

15 ‘‘(2) that any person or group of persons is de16 nying, or has denied, any person or group of persons 

17 any protection afforded by any provision of this Act 

18 and that such denial raises an issue of general pub19 lic importance. 

20 ‘‘(b) RELIEF THAT MAY BE GRANTED IN CIVIL AC21 TIONS.—In a civil action under subsection (a), the court— 

22 ‘‘(1) may enter any temporary restraining 

23 order, temporary or permanent injunction, or other 

24 order as may be appropriate; 


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1 ‘‘(2) may award monetary damages to a service2 member, dependent, or other person protected by 

3 any provision of this Act who is harmed by the fail4 ure to comply with any provision of this Act, includ5 ing consequential and punitive damages; and 

6 ‘‘(3) may, to vindicate the public interest, as7 sess a civil penalty against each defendant— 

8 ‘‘(A) in an amount not exceeding $55,000 

9 for a first violation; and 

10 ‘‘(B) in an amount not exceeding $110,000 

11 for any subsequent violation. 

12 ‘‘(c) INTERVENTION IN CIVIL ACTIONS.—Upon time13 ly application, a servicemember, dependent, or other per14 son protected by any provision of this Act may intervene 

15 in a civil action commenced by the Attorney General that 

16 involves an alleged violation of any provision of this Act 

17 or a denial of any protection afforded by any provision 

18 of this Act with respect to which such person claims to 

19 be harmed. The court may grant to any such intervening 

20 party appropriate relief as is authorized under subsection 

21 (b)(1) or (b)(2). The court may also, in its discretion, 

22 grant a prevailing intervening party reasonable attorneys’ 

23 fees and costs. 


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1 ‘‘SEC. 802. PRIVATE CAUSES OF ACTION. 

2 ‘‘A servicemember, dependent, or other person pro3 tected by any provision of this Act may commence an ac4 tion in any appropriate United States District Court or 

5 in a State court of competent jurisdiction to enforce any 

6 requirement imposed or protection afforded by any provi7 sion of this Act. The court may grant to any such service8 member, dependent, or person such appropriate relief as 

9 is authorized under section 801(b)(1) or (b)(2). The court 

10 may also, in its discretion, grant a prevailing party reason11 able attorneys’ fees and costs. 

12 ‘‘SEC. 803. PRESERVATION OF OTHER REMEDIES. 

13 ‘‘The remedies provided under sections 801 and 802 

14 are in addition to and do not preclude any other causes 

15 of action available under Federal or State law or any other 

16 remedies otherwise available under Federal or State law, 

17 including any award for consequential and punitive dam18 ages.’’. 

19 (b) APPLICABILITY.—Title VIII of the 

20 Servicemembers Civil Relief Act, as added by subsection 

21 (a), shall apply to any cause of action, claim, or action 

22 to enforce the Servicemembers Civil Relief Act, or to seek 

23 damages or other relief under any provision of that Act, 

24 in progress on the date of the enactment of this Act or 

25 that may be brought after such date. 

26 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 207 of such Act (50 U.S.C. App. 

2 527) is amended by striking subsection (f). 

3 (2) Section 301(c) of such Act (50 U.S.C. App. 

4 531(c)) is amended to read as follows: 

5 ‘‘(c) MISDEMEANOR.—Except as provided in sub6 section (a), a person who knowingly takes part in an evic7 tion or distress described in subsection (a), or who know8 ingly attempts to do so, shall be fined as provided in title 

9 18, United States Code, or imprisoned for not more than 

10 one year, or both.’’. 

11 (3) Section 302(b) of such Act (50 U.S.C. App. 

12 532(b)) is amended to read as follows: 

13 ‘‘(b) MISDEMEANOR.—A person who knowingly re14 sumes possession of property in violation of subsection (a), 

15 or in violation of section 107 of this Act, or who knowingly 

16 attempts to do so, shall be fined as provided in title 18, 

17 United States Code, or imprisoned for not more than one 

18 year, or both.’’. 

19 (4) Section 303(d) of such Act (50 U.S.C. App. 

20 533(d)) is amended to read as follows: 

21 ‘‘(d) MISDEMEANOR.—A person who knowingly 

22 makes or causes to be made a sale, foreclosure, or seizure 

23 of property that is prohibited by subsection (c), or who 

24 knowingly attempts to do so, shall be fined as provided 


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1 in title 18, United States Code, or imprisoned for not more 

2 than one year, or both.’’. 

3 (5) Section 305(h) of such Act (50 U.S.C. App. 

4 535(h)) is amended to read as follows: 

5 ‘‘(h) MISDEMEANOR.—Any person who knowingly 

6 seizes, holds, or detains the personal effects, security de7 posit, or other property of a servicemember or a 

8 servicemember’s dependent who lawfully terminates a 

9 lease covered by this section, or who knowingly interferes 

10 with the removal of such property from premises covered 

11 by such lease, for the purpose of subjecting or attempting 

12 to subject any of such property to a claim for rent accru13 ing subsequent to the date of termination of such lease, 

14 or attempts to do so, shall be fined as provided in title 

15 18, United States Code, or imprisoned for not more than 

16 one year, or both.’’. 

17 (6) Section 306(e) of such Act (50 U.S.C. App. 

18 536(e)) is amended to read as follows: 

19 ‘‘(e) MISDEMEANOR.—A person who knowingly takes 

20 an action contrary to this section, or attempts to do so, 

21 shall be fined as provided in title 18, United States Code, 

22 or imprisoned for not more than one year, or both.’’. 

23 (7) Section 307(c) of such Act (50 U.S.C. App. 

24 537(c)) is amended to read as follows: 


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1 ‘‘(c) MISDEMEANOR.—A person who knowingly takes 

2 an action contrary to this section, or attempts to do so, 

3 shall be fined as provided in title 18, United States Code, 

4 or imprisoned for not more than one year, or both.’’. 

5 (d) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by adding at the 

7 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.’’. 

Æ 


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