IIB 
110TH CONGRESS 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 appro-
priate,’’. 
SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF 
ARMED FORCES DURING PERIOD OF MILI-
TARY 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 
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of education for which the servicemember did not re-
ceive 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 serv-
ice. 
‘‘(b) INSTITUTION
OF HIGHER EDUCATION DE-
FINED.—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 Edu-
cation Act of 1965 (20 U.S.C. 1002).’’. 
(b) EXEMPTION OF STUDENT DEBTS FROM CRED-
ITOR 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.’’. 
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(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 stu-
dents 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 PERMA-
NENT 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). 
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‘‘(b) SPECIAL RULES.—(1) A suspension under sub-
section (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 termi-
nation fee in connection with the suspension or termi-
nation 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 pe-
riod 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 sus-
pended under subsection (a) is for cellular telephone serv-
ice or telephone exchange service, the person in military 
service, after the date on which the suspension of the con-
tract ends, may keep, to the extent practicable and in ac-
cordance with all applicable laws and regulations, the 
same telephone number the person had before the person 
suspended the contract. 
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‘‘(c) COVERED CONTRACTS.—This section applies to 
a contract for cellular telephone service, telephone ex-
change 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 in-
dividual, 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 lo-
cation 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 deliv-
ery by the person in military service of written no-
tice 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 
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‘‘(D) by placing the written notice and a 
copy of the servicemember’s military orders in 
an envelope with sufficient postage and with re-
turn receipt requested, and addressed as des-
ignated by the party to be notified (or that par-
ty’s grantee or agent), and depositing the enve-
lope in the United States mails. 
‘‘(e) DATE OF CONTRACT TERMINATION OR SUSPEN-
SION.—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 serv-
ice 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 ter-
mination 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. 
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‘‘(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 vio-
lates 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 
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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 dam-
ages equal to three times the amount for which 
the other party is liable to the person in mili-
tary service under this section. 
‘‘(2) ATTORNEY FEES.—If a person in military 
service is awarded damages under an action de-
scribed under paragraph (1), the person shall be 
awarded, in addition, the costs of the action and rea-
sonable 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 program-
ming service’ means video programming service pro-
vided by a multichannel video programming dis-
tributor, 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 
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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 Communica-
tions 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 sub-
section (a) shall be fined not more than $5,000 in the case 
of an individual or $10,000 in the case of an organization. 
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‘‘(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 vio-
lating 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 com-
petent jurisdiction; and 
‘‘(ii) bring an action to recover dam-
ages equal to three times the amount of 
the interest charged in violation of this 
section (plus interest) for which the cred-
itor 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— 
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‘‘(i) the servicemember properly pro-
vided 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 ac-
cordance 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 rem-
edy available under law to a person claiming relief under 
this section, including any award for consequential or pu-
nitive damages.’’. 
SEC. 6. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILI-
TARY PERSONNEL. 
(a) GUARANTEE OF RESIDENCY.—Section 705 of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 595) is 
amended— 
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(1) by striking ‘‘For’’ and inserting ‘‘(a) For’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) For the purposes of voting for any Federal office 
(as defined in section 301 of the Federal Election Cam-
paign 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: 
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‘‘SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PER-
SONNEL AND SPOUSES OF MILITARY PER-
SONNEL.’’. 
(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 mili-
tary 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 insert-
ing 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.’’. 
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SEC. 8. SPOUSE’S COMPENSATION DURING MILITARY SERV-
ICE. 
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 ‘‘Compensa-
tion’’ and inserting the following: 
‘‘(b) MILITARY SERVICE AND SPOUSE’S COMPENSA-
TION.— 
‘‘(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. 
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