[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3786 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3786

   To amend the Servicemembers Civil Relief Act to allow individuals 
 called to military service to terminate telecommunications contracts 
   entered into before the individual receives notice of a permanent 
                change of station or deployment orders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 2007

Ms. Zoe Lofgren of California (for herself, Mr. Frank of Massachusetts, 
   Mr. Berry, Mr. Gordon of Tennessee, Mr. Spratt, and Mr. Brady of 
Pennsylvania) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Servicemembers Civil Relief Act to allow individuals 
 called to military service to terminate telecommunications contracts 
   entered into before the individual receives notice of a permanent 
                change of station or deployment orders.

    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 Telecom Contract 
Relief Act''.

SEC. 2. TERMINATION BY SERVICEMEMBERS OF TELECOMMUNICATIONS CONTRACTS 
              ENTERED INTO BEFORE PERMANENT CHANGE OF STATION OF 
              DEPLOYMENT ORDERS.

    (a) Termination.--Title III of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 531 et seq.) is amended by adding at the end the 
following new section:

``SEC. 309. TERMINATION OF TELECOMMUNICATIONS CONTRACTS.

    ``(a) Termination by Servicemember.--A person in military service 
who is party to a contract described in subsection (b) may, at the 
person's option, terminate the contract at any time after--
            ``(1) the date of the entry of the person into military 
        service; or
            ``(2) the date of the military orders of the person 
        described in subsection (b)(2), as the case may be.
    ``(b) Covered Contracts.--This section applies to a 
telecommunications contract for cellular phone service, cable or 
satellite television service, or internet service if--
            ``(1) the contract is executed by or on behalf of a person 
        who thereafter and during the term of the contract enters 
        military service (or receives order to enter military service) 
        under a call or order specifying a period of not less than 90 
        days (or who enters military service under a call or order 
        specifying a period of 90 days or less and who, without a break 
        in service, receives orders extending the period of military 
        service to a period of not less than 90 days); or
            ``(2) the person enters into the contract while in military 
        service and thereafter receives military orders for a permanent 
        change of station outside of the continental United States, or 
        to deploy with a military unit for a period of not less than 90 
        days, to a location that does not support continuation of the 
        service under the contract.
    ``(c) Manner of Termination.--
            ``(1) In general.--Termination of a contract under 
        subsection (a) is made by delivery by the person in military 
        service of written notice of such termination, and a copy of 
        the servicemember's military orders, to the other party to the 
        contract (or to that person'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; or
                    ``(C) by placing the written notice 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 written notice in the United States 
                mails.
    ``(d) Date of Contract Termination.--Termination of a contract 
under subsection (a) is effective on the day on which the notice is 
delivered in accordance with subsection (c).
    ``(e) Arrearages and Other Obligations and Liabilities.--Contract 
amounts unpaid for the period preceding the effective date of the 
contract termination shall be paid on a prorated basis.
    ``(f) 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.
    ``(g) Penalties.--
            ``(1) Misdemeanor.--Any person who knowingly seizes, holds, 
        or detains the personal effects, security deposit, or other 
        property of a person in military service (or of a dependent of 
        a person in military service) who lawfully terminates a 
        contract covered by this section, or who knowingly interferes 
        with the removal of such property from premises covered by such 
        contract, for the purpose of subjecting or attempting to 
        subject any of such property to a claim for contract payments 
        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.
            ``(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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 308 
the following new item:

``Sec. 309. Termination of telecommunications contracts.''.
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