I 111th CONGRESS 1st Session H. R. 2696 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.
Short title
This Act may be cited as the Servicemembers’ Rights Protection Act.
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: <enum>VIII</enum><header>CIVIL LIABILITY FOR NONCOMPLIANCE </header> <section id="HE37A30CE639848688FD481F68EE773A8"><enum>801.</enum><header>Enforcement by the attorney general</header> <subsection id="HC5CA3077FA834C59ADF4E7CC30F51006"><enum>(a)</enum><header>Enforcement by the attorney general</header><text>The Attorney General may commence a civil action in any appropriate United States District Court whenever the Attorney General has reasonable cause to believe—</text> <paragraph id="H0721F7D58DF7461690F500F72BBCCB70"><enum>(1)</enum><text>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</text> </paragraph><paragraph id="H4538B85821844E739125EB927948A571"><enum>(2)</enum><text>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.</text> </paragraph></subsection><subsection id="H40F91CE8EADF42DB94F65F80F1A93431"><enum>(b)</enum><header>Relief that may be granted in civil actions</header><text>In a civil action under subsection (a), the court—</text> <paragraph id="HBDB677F167B941D896002DBB376752A8"><enum>(1)</enum><text>may enter any temporary restraining order, temporary or permanent injunction, or other order as may be appropriate;</text> </paragraph><paragraph id="H5C49A0F80770484B93BE44F6E0D923CD"><enum>(2)</enum><text>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</text> </paragraph><paragraph id="HC6DE03DA9FFD45CCBC7260B9A7EEC3"><enum>(3)</enum><text>may, to vindicate the public interest, assess a civil penalty against each defendant—</text> <subparagraph id="H6E79D622865C4D6690CB55DB9968BB45"><enum>(A)</enum><text>in an amount not exceeding $55,000 for a first violation; and</text> </subparagraph><subparagraph id="H0369F68074EA4410A3E60464DD94C791"><enum>(B)</enum><text>in an amount not exceeding $110,000 for any subsequent violation.</text> </subparagraph></paragraph></subsection><subsection id="HC2005231F1C949C08B5C00254139F414"><enum>(c)</enum><header>Intervention in civil actions</header><text>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.</text> </subsection></section><section id="HA947F762C6BF4C5B8D94311EF583E483"><enum>802.</enum><header>Private causes of action</header><text display-inline="no-display-inline">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.</text> </section><section id="HB009C1568BA541899D54FC29A037A481"><enum>803.</enum><header>Preservation of other remedies</header><text display-inline="no-display-inline">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.</text> </section>. (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. .