[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Extensions of Remarks]
[Page 15176]
[From the U.S. Government Publishing Office, www.gpo.gov]




                HELPING ACTIVE DUTY DEPLOYED ACT OF 2009

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                        HON. GERALD E. CONNOLLY

                              of virginia

                    in the house of representatives

                         Monday, June 15, 2009

  Mr. CONNOLLY of Virginia. Madam Speaker, today I introduced the 
Helping Active Duty Deployed Act of 2009 to help the brave men and 
women in our armed forces as they prepare for deployment or change of 
station. The Helping Active Duty Deployed Act of 2009 (HADD Act), would 
relieve military personnel who are deploying or changing station from 
onerous penalties that they currently incur for early termination of 
private contracts. It is unconscionable that the members of our armed 
forces who put their lives on the line to protect our freedom are 
charged early termination penalties when facing deployment or change of 
station.
  The HADD Act will make it illegal for a cell phone company to charge 
an early termination penalty to members of the military facing 
deployment or change of station. The 110th Congress provided that 
cellular telephone service entered into solely by the military member 
was not subject to an early termination penalty should the member 
receive change of station orders. However, many military members with 
families have more affordable family plans, and can still be charged 
early termination penalties. They are faced with two unpalatable 
options--continue to pay for a family plan they are no longer able to 
use, or pay an early termination penalty.
  The HADD Act will make it illegal for a landlord to charge an early 
termination penalty to members of the military facing deployment or 
change of station. Although the current Servicemember Civil Relief Act 
permits members to legally terminate a residential lease, it does not 
exempt them from early termination penalties. Conversely, existing law 
expressly prohibits early termination penalties for terminating a motor 
vehicle lease.
  The HADD Act will make it illegal for institutions of higher 
education to retain the unused portion of tuition a member of the 
military was forced to forgo due to deployment or change of station. 
Military personnel should receive a tuition refund if they are deployed 
mid-semester. The 110th Congress passed the expanded GI Bill, 
expressing its support for our veterans. I cannot believe that we would 
implicitly discourage their education during their years of service for 
fear that their tuition expenses may be lost if they are called upon to 
actively serve their country. The HADD Act will fix this disparity.
  Madam Speaker, the HADD Act has the endorsement of the Iraq and 
Afghanistan Veterans of America and I will introduce a copy of their 
letter into the record. I hope my colleagues will join me in supporting 
our men and women in uniform, and outlaw the practice of penalizing our 
military for their service to our country.

  Iraq and Afghanistan Veterans of American HADD Act Letter of Support

                         (By Patrick Campbell)

                                                      May 8, 2009.
     Hon. Gerald E. Connolly,
     Cannon House Office Building, Washington, DC.
       Dear Congressman Connolly: Iraq and Afghanistan Veterans of 
     America (IAVA) is proud to offer our support for the Helping 
     Active Duty Deployed Act of 2009 (HADD). The Servicemember 
     Civil Relief Act must continue to be modernized to ensure 
     that our men and women in uniform are focusing on their 
     missions overseas and not bureaucratic morass back at home. 
     Over 500,000 National Guard and Reservists have been deployed 
     since 9/11 and nearly 1/5th of those are currently enrolled 
     in college. Without federal protections these servicemembers 
     who are deployed mid academic term face a patchwork of refund 
     procedures which are confusing and inconsistent. HADD will 
     require colleges to refund tuition paid by the servicemember 
     for courses they could not complete due to a deployment. This 
     legislation will also allow servicemembers who have cell 
     phone contracts on a family plan to suspend their service 
     while they are overseas. While I was in Iraq, I was required 
     to pay a monthly fee to my cell phone provider in order to 
     keep my cell phone contract current. I spent five hours of my 
     first day back from Iraq in a Cingular Wireless store just 
     trying to get my service restored. It took me over 7 months 
     for the whole issue to get resolved and required filing a 
     complaint to the FCC and switching service providers.
       If we can be of help in securing passage of this bill, 
     please feel free to contact me. We look forward to working 
     with you.
           Sincerely,
                                                 Patrick Campbell,
     Chief Legislative Counsel.

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