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. 
Be it enacted by the Senate and House of Representa-
tives 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 RE-
LIEF ACT BY THE ATTORNEY GENERAL AND 
BY PRIVATE CAUSE OF ACTION. 
(a) GENERAL
CIVIL
LIABILITY
AND
ENFORCE-
MENT.—The Servicemembers Civil Relief Act (50 U.S.C. 
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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
GEN-
ERAL.—The Attorney General may commence a civil ac-
tion 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 en-
gaging 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 de-
nying, 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 pub-
lic importance. 
‘‘(b) RELIEF THAT MAY BE GRANTED IN CIVIL AC-
TIONS.—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; 
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‘‘(2) may award monetary damages to a service-
member, dependent, or other person protected by 
any provision of this Act who is harmed by the fail-
ure to comply with any provision of this Act, includ-
ing consequential and punitive damages; and 
‘‘(3) may, to vindicate the public interest, as-
sess 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 time-
ly application, a servicemember, dependent, or other per-
son 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. 
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‘‘SEC. 802. PRIVATE CAUSES OF ACTION. 
‘‘A servicemember, dependent, or other person pro-
tected by any provision of this Act may commence an ac-
tion 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 provi-
sion of this Act. The court may grant to any such service-
member, 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 reason-
able 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 dam-
ages.’’. 
(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.— 
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(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 sub-
section (a), a person who knowingly takes part in an evic-
tion or distress described in subsection (a), or who know-
ingly 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 re-
sumes 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 
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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 de-
posit, 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 accru-
ing 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: 
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‘‘(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.’’. 
Æ 
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