I 111th CONGRESS 1st Session H. R. 2874 IN THE HOUSE OF REPRESENTATIVES June 15, 2009 Mr. Connolly of Virginia introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Servicemembers Civil Relief Act to improve the equitable relief available for servicemembers called to active duty, and for other purposes.

1.

Short title

This Act may be cited as the Helping Active Duty Deployed Act of 2009.

2.

Termination or suspension of certain contracts

(a)

Cellular telephone contracts

Subsection (a) of section 305A of the Servicemembers Civil Relief Act (50 U.S.C. App. 535A) is amended by inserting after entered into by the servicemember the following: or on behalf of the servicemember. (b)

Residential and motor vehicle leases

Subsection (e) of section 305 of such Act (50 U.S.C. App. 535) is amended to read as follows: (e)

Arrearages and other obligations and liabilities

(1)

Leases of premises

Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. (2)

Leases of motor vehicles

Lease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee. .

3.

Tuition relief for postsecondary students called to military service

Section 484C of the Higher Education Act of 1965 (20 U.S.C. 1091c) is amended— (1)in the header, by inserting and tuition relief after readmission; and (2)by adding at the end the following: (e)

Tuition relief for students called to military service

(1)

In general

Subject to paragraph (2), whenever a student’s absence from an institution of higher education is necessitated by reason of service in the uniformed services, the institution shall refund to such student the tuition and fees paid by such student for the payment period or period of enrollment for which such student did not receive academic credit as a result of such absence. (2)

Exceptions

Paragraph (1) shall not apply to the tuition or fees paid on behalf of the student— (A)from scholarships awarded to the student by the institution of higher education; or (B)through funds awarded under this title. .