[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16870-16874]
[From the U.S. Government Publishing Office, www.gpo.gov]




           IMPROVING SCRA AND USERRA PROTECTIONS ACT OF 2008

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6225) to amend title 38, United States Code, relating to 
equitable relief with respect to a State or private employer, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6225

       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 ``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 appropriate,''.

     SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES 
                   DURING PERIOD OF MILITARY 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 of education for which the servicemember did not 
     receive 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 service.
       ``(b) Institution of Higher Education Defined.--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 Education Act of 1965 (20 U.S.C. 
     1002).''.
       (b) Exemption of Student Debts From Creditor 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.''.
       (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 students 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 
                   PERMANENT 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).
       ``(b) Special Rules.--(1) A suspension under subsection (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 termination 
     fee in connection with the suspension or termination 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 period 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 suspended 
     under subsection (a) is for cellular telephone service or 
     telephone exchange service, the person in military service, 
     after the date on which the suspension of the contract ends, 
     may keep, to the extent practicable and in accordance with 
     all applicable laws and regulations, the same telephone 
     number the person had before the person suspended the 
     contract.
       ``(c) Covered Contracts.--This section applies to a 
     contract for cellular telephone service, telephone exchange 
     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 individual, 
     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 location 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 delivery by the person in 
     military service of written notice 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
       ``(D) by placing the written notice and a copy of the 
     servicemember's military orders 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 envelope in the 
     United States mails.
       ``(e) Date of Contract Termination or Suspension.--
     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 service 
     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 
     termination 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.
       ``(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 violates 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 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 damages equal to three times the 
     amount for which the other party is liable to the person in 
     military service under this section.
       ``(2) Attorney fees.--If a person in military service is 
     awarded damages under an action described under paragraph 
     (1), the person shall be awarded, in addition, the costs of 
     the action and reasonable 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 programming service' means video 
     programming service provided by a multichannel video 
     programming distributor, 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 term under section 
     231(e)(4) of the Communications Act of 1934 (47 U.S.C. 
     231(e)(4)).

[[Page 16871]]

       ``(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 Communications 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 subsection (a) 
     shall be fined not more than $5,000 in the case of an 
     individual or $10,000 in the case of an organization.
       ``(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 
     violating 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 competent jurisdiction; and
       ``(ii) bring an action to recover damages equal to three 
     times the amount of the interest charged in violation of this 
     section (plus interest) for which the creditor 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--
       ``(i) the servicemember properly provided 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 accordance 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 remedy available 
     under law to a person claiming relief under this section, 
     including any award for consequential or punitive damages.''.

     SEC. 6. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY 
                   PERSONNEL.

       (a) Guarantee of Residency.--Section 705 of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 595) is 
     amended--
       (1) by striking ``For'' and inserting ``(a) For''; and
       (2) by adding at the end the following new subsection:
       ``(b) For the purposes of voting for any Federal office (as 
     defined in section 301 of the Federal Election Campaign 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:

     ``SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND 
                   SPOUSES OF MILITARY PERSONNEL.''.

       (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 military 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 inserting 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.''.

     SEC. 8. SPOUSE'S COMPENSATION DURING MILITARY SERVICE.

       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 ``Compensation'' and inserting the 
     following:
       ``(b) Military Service and Spouse's Compensation.--
       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. I thank the Speaker, and I want to thank my distinguished 
colleague, the chairwoman of our Subcommittee on Economic Opportunity, 
Ms. Herseth Sandlin of South Dakota, for her bipartisan leadership in 
crafting this bill, Improving Servicemen's Civil Relief Act and USERRA 
Protections Act of 2008, to help protect our Nation's veterans. 
Congresswoman Susan Davis from my hometown of San Diego, Congressman 
Patrick Murphy who will be heard from soon from Pennsylvania, and 
Congressman John Carter from Texas also introduced language that is 
part of this legislation.
  When they are called to duty, our servicemembers across the Nation 
leave their loved ones, they leave school, they leave work behind. 
Unfortunately, as we have many examples today, some of these 
servicemembers find difficulty in spite of presumed law to get back 
their old job, to get back into their housing or their enrollment at an 
institute of higher education. We have to make sure that all these men 
and women who are called up for service who do their duty don't have to 
face these difficulties which many thought were protected in law. We 
must honor their sacrifice by providing them with adequate protections 
so that they may have peace of mind that their interests and their 
families' interests are protected while serving our Nation.
  This bill will protect these men and women by encouraging courts to 
use their full equity powers, including temporary or permanent 
injunctions, temporary restraining orders, and contempt orders, to 
protect the rights and benefits of these veterans. This section would 
amend title 38 by changing the ``may'' word to ``shall.''
  Language that was authored by Congresswoman Susan Davis of California 
requires institutions of higher education to refund tuition for 
servicemembers who have not received academic credit, or allow 
servicemembers the opportunity to reenroll in the same academic status 
prior to their military service. The language also places a cap on the 
interest of student loans at 6 percent while the student is fulfilling 
military service.
  As we will hear, language was included by our new member, Patrick 
Murphy of Pennsylvania, to allow servicemembers to terminate or suspend 
service contracts such as cell phone, housing, or utility contracts, 
due to a permanent station of change of station or deployment orders. 
And Congressman Carter of Texas included the allowance of the spouse of 
an active duty member to maintain the same State of residency as the 
servicemember for State taxation, and to allow the spouse to claim the 
same State as the servicemember in regards to State and property taxes, 
and voter registration.

[[Page 16872]]

  Mr. Speaker, we must honor our men and women who dutifully serve our 
Nation. When they leave home, they should not have to worry about 
receiving a negative academic status, paying for a service which they 
cannot use, or paying taxes in a State for this which they don't claim. 
They should be afforded the rights and benefits that they honorably are 
fighting for. I urge my colleagues to support the bill to protect these 
servicemembers and veterans.
  I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I rise in support of H.R. 6225, as amended, 
the Injunctive Relief for Veterans Act of 2008. This bill as amended 
would amend title 38, United States Code, relating to equitable relief 
with respect to a State of private employer.
  Mr. Speaker, once again, working in a bipartisan manner Chairwoman 
Herseth Sandlin of the Subcommittee on Economic Opportunity worked with 
me to pull together several fine bills into one cohesive package to 
provide new USERRA and SCRA protections to our military servicemembers 
and their spouses.
  H.R. 6225 as amended incorporates provisions of H.R. 2910 introduced 
by Representative Susan Davis of California, H.R. 3298 introduced by 
Representative Patrick Murphy of Pennsylvania, and H.R. 6070 introduced 
by Representative John Carter of Texas. And I appreciate their hard 
work in bringing to the committee such excellent bills.
  This legislation would encourage the courts to utilize their equity 
powers when deemed appropriate in USERRA cases. During the full 
committee markup of this section of the legislation, Subcommittee 
Chairwoman Herseth Sandlin and Ranking Member Buyer had a very good 
colloquy on the intent of this section of the bill, to clarify that 
injunctive relief is available under the discretion of the judge 
hearing the facts, and that this section is not intended to create a 
new avenue of appeal in USERRA cases.

                              {time}  1730

  The bill, as amended, would also require colleges and universities to 
refund a student's tuition and fees for unearned credit for the 
semester or quarter when they are called up for active duty, and allow 
these same students to re-enter the institution with identical and 
academic status that they had when they were activated to duty.
  Finally, this bill would also extend Servicemembers Civil Relief Act 
protections to enable servicemembers with deployment orders to more 
easily terminate or suspend service contracts without fee or penalty 
for such services to include cellular phones, utilities, cable 
television or Internet access. It would also add penalties to those 
creditors under the SCRA who refuse to reduce interest rates, as 
currently required.
  Additionally, H.R. 6225, as amended, would extend the same residency 
protections to military spouses as those granted to the military 
members for purposes of voting and paying taxes.
  Mr. Speaker, I am re-emphasizing the Court's injunctive relief in 
USERRA cases requiring schools to refund tuition to those ordered to 
active duty, giving servicemembers the option of terminating certain 
service contracts, and making sure that military spouses are treated 
equitably for residency.
  H.R. 6225, as amended, provides our men and women in our Armed Forces 
the protections they need to transition back to civilian life when 
their tour of duty is completed.
  I congratulate Chairwoman Herseth Sandlin for once again doing yeoman 
work in crafting some very good bipartisan legislation. I support H.R. 
6225, as amended, and I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I have said several times today that our new 
Members have been very aggressive and active in extending the rights 
and care for our Nation's veterans. The same is true for Mr. Patrick 
Murphy from Pennsylvania, a new Member, our only Iraqi veteran, in 
fact, serving in the Congress, and has dedicated a lot of time to 
making sure his comrades get the health care and attention and benefits 
that they need.
  I would yield to him 3 minutes.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Speaker, I rise today in 
support of the 21st Century Servicemembers Protection Act and to 
address the problem that my buddy and fellow paratrooper in the 101st 
Airborne Division brought to my attention, one that affects our 
deployed troops overseas when they return home.
  Mr. Speaker, some cell phone companies and Internet service providers 
are not allowing deployed troops to suspend or terminate their 
contracts. Some troops, many troops, have had their credit reports 
damaged. We owe our brave troops better than this, and we need to do 
better for folks like Sergeant Patrick Campbell, who spent, on his 
first day back from deployment, 8 hours in a mall cell phone store the 
day he got back from Iraq trying to sort out his cell phone contract so 
he could call his loved ones and straighten out a wrongful credit 
report.
  Mr. Speaker, our servicemen and -women must focus on completing their 
mission and returning home safely. They should not have to worry about 
creditors harassing their family or if a cell phone company is ruining 
their credit.
  This bill also allows our heroes to keep their cell phone numbers so 
they can better reconnect with their loved ones once they return home. 
This is crucial when you look at one in five Iraq and Afghanistan 
veterans have symptoms of Post-Traumatic Stress Disorder or TBI, 
traumatic brain injury, the two signature injuries of the Iraq and 
Afghanistan war.
  Mr. Speaker, this is not a Democrat or a Republican issue. This is 
about doing what is right for our troops.
  With that, I would like to thank Chairman Filner. I would like to 
thank Mr. Buyer. I would also like to thank Chairwoman Herseth Sandlin 
and Mr. Boozman for their leadership and bipartisan efforts on behalf 
of our veterans, and for including my bill in their legislation.
  I am a proud Member of the 110th Congress, a Congress that worked in 
a bipartisan fashion for our veterans, the one that passed the largest 
increase in veterans benefits in the VA history; the one that passed 
the new GI bill for our troops, so they get 4 years of college 
education or technical school, and a Congress that now passes this 
great bill in the Halls of Congress.
  Mr. Speaker, I rise today in strong support of H.R. 6225.
  I would like to thank Chairman Filner and Ranking Member Buyer as 
well as Chairwoman Herseth Sandlin and Ranking Member Boozman for their 
leadership on behalf of veterans and for including my bill, the 21st 
Century Servicemembers Protection Act, in this great legislation.
  Mr. Speaker, my bill addresses a problem that a JAG attorney in the 
101st Airborne brought to my attention soon after my election to 
Congress.
  He alerted me to the disturbing fact that some of our troops have had 
their credit reports damaged during their deployments overseas.
  They are having trouble suspending or breaking their contracts with 
cell phone companies or internet service providers--even if they 
present deployment orders.
  In fact, the JAG attorney who called me was able to suspend one of 
his own contracts during his deployment, but to do so he was forced to 
pay a costly fee.
  Looking into this further, I also discovered that some financial 
institutions are slow or unwilling to reduce servicemembers' interest 
rates during deployments . . . even though these creditors are already 
required to do so by law.
  Mr. Speaker, we owe our brave troops, and their brave families better 
than this. While facing the strain of long deployments, they should not 
have to face repeated harassment by collection agencies.
  As we continue to send a new generation into harm's way, it is our 
duty to protect these brave troops and do right by their families.
  Our servicemen and women should be allowed to focus on completing 
their mission and returning home safely--they should not have to worry 
about creditors harassing their family, or if their cell phone company 
is ruining their credit.
  Mr. Speaker, my portion of this bill expands the existing 
Servicemembers Civil Relief Act to

[[Page 16873]]

cover 21st century service contracts such as cellular phones, 
utilities, cable television, and internet access.
  Quite simply, my measure will allow troops with deployment orders to 
terminate or suspend their service contracts without fee or penalty and 
it will force creditors who knowingly or negligently fail to reduce 
interest rates to face penalties.
  While I believe this to be a serious problem faced by our troops, 
most service providers take steps to allow servicemembers facing 
deployment or change of station to terminate or suspend service without 
penalty, and I appreciate the input I have received from a variety of 
industries on this bill.
  Most companies have programs in place, and train their customer 
service representatives to deal appropriately with these situations. 
However, I recognize that mistakes do happen, especially in large 
companies with millions of customers and many thousands of employees.
  My intention is not to use the most severe penalties available under 
this bill to punish occasional innocent mistakes. Instead, the 
penalties that are included in this bill should be applied 
proportionally with consideration given to the frequency, severity, and 
intent of the violation or violations.
  In instances where a servicemember is only minimally inconvenienced, 
and the serviceprovider promptly rectifies the situation, no criminal 
penalty may be necessary at all. However, when the violations are 
intentional and repeated, the full penalty available should be applied.
  Mr. Speaker, as a veteran of the United States Army and the war in 
Iraq, I know how important it is that our troops be able to focus on 
accomplishing their mission without worrying about credit trouble back 
at home.
  This is not a Democratic or Republican issue. This is about doing 
what's right for our troops. With that, I would again like to thank 
Chairman Filner and Mr. Buyer for their leadership.
  Mr. BOOZMAN. Mr. Speaker, I want to compliment Mr. Murphy for 
bringing forward this part of the legislation that is included in the 
bill. We appreciate you bringing it to our attention, and we appreciate 
your hard work in getting this done. The cell phone, the Internet, 
things like that that we take for granted truly are a hassle.
  The other thing I want to compliment you on is listening to Sergeant 
Campbell. And so many times we hear of these instances and we don't 
follow up. So that really is important. So we thank you very much.
  At this time, Mr. Speaker, I would like to yield as much time as he 
would like to Mr. Carter, the gentleman from Texas.
  Mr. CARTER. I thank my friend from Arkansas, the ranking member, Mr. 
Boozman. And I want to thank Ms. Herseth Sandlin for the work she did 
incorporating into 6225, which I rise in support of, H.R. 6070, the 
Military Spouses Residency Relief Act.
  I have a very similar story to the previous story. I had a spouse of 
a captain at Fort Hood come to me and say, you know, we have been 
transferred to the Pentagon. And my husband, he still votes, pays his 
taxes and everything else in Killeen, Texas. But I have been 
transferred with my husband up here to Virginia, and now I am having to 
register to vote in Virginia. My Congressman is from Virginia. I have 
to register my car titles and everything in Virginia, independently of 
my husband. I have to pay State income taxes in Virginia. And quite 
frankly, my husband serves in the Army, and we serve the military out 
of patriotism to our country, and we are proud to do it. But I make 
twice as much money as he does, and this is a burden upon me, taxwise 
and it is a burden on me with my family.
  And I made the assumption that that was fixed, had been fixed a long 
time ago. So this, 6070, which is incorporated in 6225, allows the 
spouse to have the same benefits we have given to our soldiers, 
sailors, airmen and Marines, that they can designate a residency and 
that remains their residency no matter where the military sends them.
  My wife is from Holland, and she has a little saying in Dutch that 
she has got written on the wall. And it says, ``It's not the mountain 
you have to climb that gets you, it's the grain of sand in your shoe.'' 
And this is one of those grains of sand in the shoes of the spouses of 
our military which is an irritant to them that is easy for us to fix.
  And I want to thank all those involved in allowing this to go 
forward. This will be something that seems small to some, but it is a 
big hurdle to the spouses of our military.
  Mr. FILNER. Mr. Speaker, I would yield 2 minutes to my colleague from 
San Diego, Congresswoman Susan Davis.
  Mrs. DAVIS of California. Mr. Speaker, as chairwoman of the House 
Armed Services Subcommittee on Personnel, I strongly support the 
Injunctive Relief for Veterans Act, H.R. 6225.
  Now, early in the 110th Congress I introduced the Veterans Education 
Tuition Support Act, or H.R. 2910, to guarantee tuition reimbursement 
and readmission for every servicemember deployed while attending 
college. Now, I did that because I had heard from a number of 
servicemembers about their situations. Many reported that they had 
problems during activations, including harassment from bill collectors 
for tuition, and difficulty re enrolling back into school.
  Our men and women in uniform already face unthinkable levels of 
pressure and stress while fighting in Afghanistan and Iraq, and they 
deserve to know that they will treated fairly by their institution and 
can easily return to their studies after the mission is over.
  I am pleased that Chairwoman Herseth Sandlin has included provisions 
from H.R. 2910 into H.R. 6225, and I want to thank the committee for 
taking up this very important issue.
  Mr. BOOZMAN. Mr. Speaker, I yield myself as much time as I might 
consume.
  I want to thank Mr. Carter for bringing forward the legislation that 
he did that was included in this bill, the ability to designate a 
residency along with the husband, and not go through the hassle of 
having split residencies, which, again, it is little things like that 
as he alluded to, that truly are a hassle, and that the committee is 
working hard to address and trying to fix these things.
  I also want to thank Mrs. Davis from California. Again, very much the 
same thing. You are working hard, you are in school and all of a sudden 
you get called up. You do your duty in a very glad way, to serve your 
country, but then you come back and you have got the hassle of half a 
semester that has to be dealt with. Most of the time the institutions 
are good about doing that, but they are not always, as we are hearing.
  So I very heartily support this bill. I want to thank Ms. Herseth 
Sandlin and her staff. And I want to thank my staff for their hard work 
in getting it together.
  I yield back the balance of my time.
  Mr. FILNER. Mr. Speaker, again, I want to thank Mr. Boozman, who 
worked so well with Ms. Herseth Sandlin on their committee. In the 
spirit that they worked together, we had contributions from older 
Members, younger Members, Republicans, Democrats in what is an 
extremely good bill.


                             General Leave

  Mr. FILNER. I would ask unanimous consent that all Members have 5 
legislative days to revise and extend their remarks and include 
extraneous material on H.R. 6225, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Ms. HERSETH SANDLIN. Mr. Speaker, as the Chairwoman of the Veterans' 
Affairs Economic Opportunity Subcommittee and sponsor of the bill, I 
rise today in strong support of H.R. 6225, as amended, which the 
Economic Opportunity Subcommittee passed on June 26 and the full 
Committee approved on July 15.
  I would like to thank full Committee Chairman Filner, Ranking Member 
Buyer, and Subcommittee Ranking Member Boozman for their leadership and 
bipartisan support of this bill, which I introduced on June 10, 2008.
  The bill would amend section 2 of title 38 by declaring the court 
``shall'' instead of ``may'' use its full equity powers, including 
temporary or permanent injunctions, temporary restraining orders, and 
contempt orders, to protect the rights and benefits of veterans. It is 
my expectation that more courts will use this remedy when deemed 
appropriate that equitable relief is warranted.

[[Page 16874]]

  I also would like to thank Mr. Matthew Tully of Tully and Rinckey 
LLC, who specializes in law under USERRA, and brought the need for this 
change to our Subcommittee's attention during a hearing on February 13 
of this year.
  I also would like to thank Representative Susan Davis for the 
introduction of H.R. 2910, ``The Veterans Education Tuition Support 
Act,'' Representative Patrick Murphy for the introduction of H.R. 3298 
``The 21st Century Servicemembers Protection Act,'' and Representative 
John Carter for the introduction of H.R. 6070, ``The Military Spouses 
Residency Relief Act''--all of which have also been included in H.R. 
6225.
  These bills take steps in the right direction to providing greater 
protections and safeguards to those that have answered the call to 
duty.
  Again, I thank Chairman Filner for his support of these important 
bills. I encourage my colleagues to support H.R. 6225, as amended.
  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 6225, as amended, 
the Injunctive Relief for Veterans Act of 2008. This bill would amend 
title 38, United States Code, with regard to equitable relief with 
respect to a State or private employer.
  Mr. Speaker, I commend the Committee on Veterans Affairs Subcommittee 
on Economic Opportunity for its bipartisan efforts in bringing this 
bill before us. Subcommittee Chairwoman Herseth Sandlin and 
Subcommittee Ranking Member Boozman have brought together some good 
provisions from several bills to improve upon existing Uniformed 
Services Employment and Reemployment Rights Act, USERRA, and 
Servicemember's Civil Relief Act, SCRA, protections for our military 
servicemembers and their spouses.
  H.R. 6225, as amended, incorporates provisions of H.R. 2910, 
introduced by Representative Susan Davis of California; H.R. 3298, 
introduced by Representative Patrick Murphy of Pennsylvania; and, H.R. 
6070 introduced by Representative John R. Carter of Texas.
  The intent of the legislation is to encourage courts to utilize 
equity powers in appropriate USERRA cases that come before them. During 
discussion of the bill that took place during the full Committee 
markup, Subcommittee Chairwoman Herseth Sandlin clarified that 
injunctive relief is available under the discretion of the judge 
hearing the facts at a preliminary hearing, and that this section is 
not intended to create a new avenue of appeal in USERRA cases.
  The bill, as amended, would also require colleges and universities to 
provide refunds on tuition and fees for students who are called up for 
active duty, and it would allow such students to reenter the 
institution at the same educational and academic status that was held 
at the time of activation.
  Mr. Speaker, this bill would extend SCRA protections to enable 
servicemembers with deployment orders to more easily terminate or 
suspend service contracts without fee or penalty for such services to 
include cellular phones, utilities, cable television, or internet 
access. It would also add penalties to those creditors under SCRA who 
refuse to reduce interest rates as currently required.
  Additionally, H.R. 6225, as amended, would allow a military spouse to 
vote in the same location of Federal, State and local elections as the 
servicemember, and pay taxes in the same State as the servicemember.
  Mr. Speaker, H.R. 6225, as amended, provides members of the Armed 
Forces necessary protections that will enable them to make a seamless 
transition back to civilian life after their tour of duty is completed. 
These brave men and women put their lives on hold to ensure the freedom 
and safety of our Nation, and we owe it to them to provide relief when 
and where we can.
  I support H.R. 6225, as amended, and I urge my colleagues to support 
the bill.
  Mr. FILNER. I urge my colleagues to support the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 6225, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BOOZMAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________