Servicemembers Civil Relief Act: Proposed Amendments in the 110 th Congress

Similar documents
SERVICE MEMBERS CIVIL RELIEF ACT

THE SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)

Servicemembers Civil Relief Act Replaces Soldiers and Sailors Civil Relief Act

THE SERVICEMEMBER S CIVIL RELIEF ACT (Current as of June 2010)

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)

National Economics Commission ACTIVE DUTY

SERVICEMEMBERS CIVIL RELIEF ACT (Formerly - SOLDIERS AND SAILORS CIVIL RELIEF ACT)

Servicemembers Civil Relief Act (SCRA)

MILITARY CIVIL RELIEF ACT (excerpts) 51 Pa.C.S et seq. (see section 7315 for lease termination provisions) TABLE OF CONTENTS

Servicemembers Civil Relief Act (SCRA)

SERVICEMEMBERS CIVIL RELIEF ACT. Col John S. Odom, Jr. USAFR (ret.)

Updates to military-related statutes (priority #6)

The New York State Office of the Attorney General. Eric T. Schneiderman. Resource Guide

Military Reference Guide

DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C

Stateside Legal Self-Help Sample Forms Packet Termination of Automobile Lease

SECTION 1. SHORT TITLE; FINDINGS; REFERENCE.

CHAPTER Committee Substitute for Senate Bill No. 1098

Court orders required to enforce liens

HB 254 AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Veterans Affairs: Gray Area Retirees Issues and Related Legislation

Education Benefits Information for Activated Guard Soldiers Mobilization Checklist

SUMMARY OF NOTICE OF PRIVACY PRACTICES

Case 2:17-cv Document 1 Filed 11/09/17 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

P.L. 2003, CHAPTER 28, approved March 10, 2003 Assembly, No (Second Reprint)

HOUSE AMENDMENT Bill No.HB 1475 Amendment No. (for drafter s use only) CHAMBER ACTION...

USA CARES. Certified Military Housing Specialist Course. Joann Muncey Director Emergency and Housing Assistance

The reserve components of the armed forces are:

Effectively Representing Military Personnel and the Recently Discharged in Civilian Litigation

SHARED HOUSING PROOF OF RESIDENCE Family Living With Another Family

Soldiers and Sailors Civil Relief Act Protection: an Update for the War Against Terrorism

Servicemembers Civil Relief Act (SCRA)

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 1563

IC Chapter 7. Training and Active Duty of National Guard; Benefits of Members

RECEIPT OF NOTICE OF PRIVACY PRACTICES WRITTEN ACKNOWLEDGEMENT FORM. I,, have received a copy of Dr. Andy Hand s Notice of Privacy Practice.

Military / Veteran Divorce Issues. November 14, 2014 Presented by Polli A. Pollem Military Assistance Project Director, Indiana Legal Services

DIGNITY HEALTH GOVERNANCE POLICY AND PROCEDURE

Armed Forces Active Duty Health Professions. Loan Repayment Program FOR NEW ACCESSIONS PRIVACY ACT STATEMENT

Ohio Judicial Conference 65 South Front Street 4th Floor Columbus, Ohio

A JUDGE S GUIDE TO THE SERVICEMEMBERS CIVIL RELIEF ACT

CURRENT LEGISLATION / KEY BILLS IN CONGRESS

NOTICE OF PRIVACY PRACTICES UNIVERSITY OF CALIFORNIA RIVERSIDE CAMPUS HEALTH CENTER

HIPAA Notice of Privacy Practices DFD Russell Medical Center Effective April 14, 2003 Updated April 10, 2013

Department of Defense DIRECTIVE. SUBJECT: Emergency-Essential (E-E) DoD U.S. Citizen Civilian Employees

Loan Repayment for Primary Care Providers Practicing in Rural and Urban Health Professional Shortage Areas in Minnesota

NOTICE OF PRIVACY PRACTICES

PATIENT NOTICE OF PRIVACY PRACTICES Effective Date: June 1, 2012 Updated: May 9, 2017

ERIE COUNTY MEDICAL CENTER CORPORATION NOTICE OF PRIVACY PRACTICES. Effective Date : April 14, 2003 Revised: August 22, 2016

PALO ALTO ACCOUNTABLE AND AFFORDABLE HEALTH CARE INITIATIVE

Montana National Guard Deployment Guide

LOCAL TAX EXEMPTIONS FOR VETERANS (Supersedes Bulletin B)

STATE OF RHODE ISLAND

Stateside Legal Self-Help Cell Phone Service Contract Termination Packet Interview A2J Author Script

(No. 306) (Approved September 15, 2004) AN ACT

PRIVACY POLICY USES AND DISCLOSURES FOR TREATMENT, PAYMENT, AND HEALTH CARE OPERATIONS

STATEMENT OF THE NATIONAL GUARD ASSOCIATION OF THE UNITED STATES (NGAUS) ON THE SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1940

DEPARTMENT OF HUMAN SERVICES AGING AND PEOPLE WITH DISABILITIES OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 069 LONG TERM CARE ASSESSMENT

HB 559 (Sheffield): Relating to a Bronze Star Medal and Bronze Star Medal with Valor specialty license plates.

NOTICE OF PRIVACY PRACTICES Effective Date: April 14, 2003

PROPOSED REGULATION OF THE CHIROPRACTIC PHYSICIANS BOARD OF NEVADA. LCB File No. R October 3, 2005

DOD INSTRUCTION RETENTION DETERMINATIONS FOR NON-DEPLOYABLE SERVICE MEMBERS

July 30, July 31, 2012

DEPARTM PRACTICES. Effective: Tel: Fax: to protecting. Alice Gleghorn, Page 1

NOTICE OF PRIVACY PRACTICES

Telework for Executive Agency Employees: A Side-by-Side Comparison of Legislation Pending in the 111 th Congress

Department of Defense INSTRUCTION

If you have any questions about this notice, please contact the SSHS Privacy Officer at:

75th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2933 SUMMARY

SPECIAL POWER OF ATTORNEY

Joseph Bikowski, M.D., Associates

WikiLeaks Document Release

AN ACT. SECTION 1. Title 4, Civil Practice and Remedies Code, is amended by CHAPTER 74A. LIMITATION OF LIABILITY RELATING TO HEALTH INFORMATION

Military Leave (Extended) / Reinstatement of Veterans.

When Your Client is a Soldier

Mental Health. Notice of Privacy Practices

Notice of Health Information Privacy Practices Acknowledgement

NOTICE OF PRIVACY PRACTICES UNIVERSITY OF CALIFORNIA IRVINE HEALTHSYSTEM

Privacy Practices Home Visit Doctor, LLC July 2017

DOD INSTRUCTION GENERAL BONUS AUTHORITY FOR OFFICERS

Stateside Legal Letter Packet Letter from Servicemember Motion for Stay of Proceedings (Protections under the Servicemembers Civil Relief Act)

NOTICE OF PRIVACY PRACTICES

NOTICE OF PRIVACY PRACTICES

Chapter 9 OFFICE OF EMERGENCY MANAGEMENT

NOTICE OF PRIVACY PRACTICES

DEPARTMENT OF THE AIR FORCE

CONDUCTING A COMPLIANCE REVIEW OF HOSPITAL- PHYSICIAN FINANCIAL ARRANGEMENTS

GUIDELINES FOR OPERATION AND IMPLEMENTATION OF ONE NORTH CAROLINA FUND GRANT PROGRAM ( the Program )

Department of Defense INSTRUCTION

Form B - For those enrolled in other insurance

U. S. ARMY MEDICAL RESEARCH ACQUISITION ACTIVITY GENERAL TERMS AND CONDITIONS FOR ASSISTANCE AWARDS TABLE OF CONTENTS. 1 May 2008

EMPLOYEE RIGHTS AND PRIVILEGES (LEGAL)

Funded in part through a grant award with the U.S. Small Business Administration

MILPERSMAN Separation by Reason of Convenience of the Government Hardship

STANDARDS & MANUALS. Accreditation Revised February 2015 Interim Changes Highlighted

Skill Development Promotion Act, B.E (2002)

LAW REVIEW November 2013

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 58

DOD INSTRUCTION , VOLUME 575 DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES

Soldier Name: SSN: KCN:

NOTICE OF PRIVACY PRACTICES

Transcription:

Order Code RS22736 October 10, 2007 Servicemembers Civil Relief Act: Proposed Amendments in the 110 th Congress Summary R. Chuck Mason Legislative Attorney American Law Division The Servicemembers Civil Relief Act (SCRA), P.L. 108-189, was enacted on December 19, 2003, as a complete overhaul of the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA). The SCRA provides certain rights and legal protections to enable servicemembers to devote their full attention to their military duties. To date, several bills proposing changes to the SCRA have been introduced in the 110 th Congress. The proposed amendments cover subject matter such as credit ratings of servicemembers, cancellation of cellular phone service contracts, rent and mortgage relief, child custody agreements, and educational benefits. This report will be updated as events warrant throughout the 110 th Congress. Brief Historical Overview Congress passed the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA) as an attempt to minimize the burdens that members of the military may encounter in trying to meet their financial obligations while serving their country. The law has been amended from time to time, ordinarily in response to military operations that require the activation of the Reserves. P.L. 108-189, the Servicemembers Civil Relief Act (SCRA), which was enacted on December 19, 2003, amended the SSCRA in its entirety. 1 The SCRA provides certain rights and legal protections to enable servicemembers to devote their full attention to their military duties. The law does not forgive any debts or extinguish contractual obligations on behalf of servicemembers who have been called up to active duty, nor does it provide absolute immunity from civil lawsuits. Instead, it provides for the suspension of claims and protection against default judgments. The act seeks to balance the interests of servicemembers with those of their creditors and others 1 For background, see CRS Report RL32360, The Servicemembers Civil Relief Act (P.L. 108-189), by Estela I. Velez Pollack.

CRS-2 to whom the servicemember owes a legal obligation, spreading the burden of national military service to a broader portion of the citizenry. Proposed Amendments in the 110 th Congress Several bills proposing changes to the SCRA have been introduced in the 110 th Congress. 2 The amendments cover subject matter such as credit ratings of servicemembers, cancellation of cellular phone and service contracts, rent and mortgage relief, child custody agreements, and educational benefits. Credit Rating H.R. 513, 110 th Cong., 1 st Sess. (2007), the National Heroes Credit Protection Act. Introduced on January 17, 2007, by Representative Brady, the bill amends the SCRA to enhance the protection of credit ratings of active duty military personnel who have been activated for service. On June 21, 2007, the House Committee on Veterans Affairs Subcommittee on Economic Opportunity held hearings on the bill. 3 The bill requires any person or entity engaged in the practice of assembling or evaluating consumer credit information that receives a negative report of nonpayment or late payment by a servicemember to enter a notation that the account is delinquent due to military service. Only accounts opened by the servicemember prior to entering military service and only obligations incurred on the account prior to that date would qualify for the protection. Any future creditor of the member would be required to disregard any negative information on a credit report that includes the military service notation. H.R. 1598, 110 th Cong., 1 st Sess. (2007), the Servicemembers Credit Protection Act. Introduced on March 20, 2007, by Representatives Israel and G. Davis, the bill was referred to the Committee on Veterans Affairs Subcommittee on Economic Opportunity and the Committee on Financial Services Subcommittee on Financial Institutions and Consumer Credit. On June 21, 2007, the Subcommittee on Economic Opportunity held hearings on the bill. 4 The bill requires the Secretary concerned to notify each consumer reporting agency within 30 days of deployment of a servicemember away from his/her usual duty station to an area that entitles the member to hostile fire/imminent danger special pay. Additionally, the Secretary is required to notify the reporting agencies within 30 days of the completion of the member s deployment. The consumer reporting agency will place a combat zone duty alert in the member s consumer file. The penalty for violations of protections against eviction, foreclosure, and termination of leases of members with a 2 H.R. 1315, not included in the discussion, proposed an amendment related to mortgage protection that was removed from the bill. The removed language was later included in H.R. 1750. 3 Witness testimonies available online at [http://veterans.house.gov/hearings/hearing.aspx? NewsID=38]. 4 See supra note 3.

CRS-3 combat zone duty alert in his/her consumer file, increases to not more than three years imprisonment. 5 Rent and Mortgage Relief H.R. 1511, 110 th Cong., 1 st Sess. (2007), a bill to provide relief with respect to rent and mortgage payments for members of the reserve components who are called to active duty and to amend the Internal Revenue Code of 1986 to allow a refundable credit to lessors for payments foregone by reason of such relief. Introduced on March 13, 2007, by Representative Rohrabacher, the bill was referred to the Committee on Ways and Means and the Committee on Veterans Affairs. The bill provides rent or mortgage relief for a member of the reserve component who is ordered to report for military service for a period greater than 90 days. If, at the time orders are received, the member is a lessee of real property that is occupied as the primary residence, the member shall not be required to pay rent. The waiver of rent applies as long as the member is assigned to duty at a location that is sufficiently distant from the property so that the member is unable to reside at the property. If the member of the reserve component, at the time orders are received, resides at real property that is occupied as the primary residence of the member or his/her dependents, and the property is owned by the member and secured by a mortgage, the member shall not be required to make any payment of principal or interest during the period of military service. Payments not paid, based on the relief provided under the bill, shall be deferred and appended, on a month-for-month basis, to the original mortgage, in the same amount as originally due. There is not a requirement in the bill for the member to be assigned a duty station sufficiently distant from the property so that the member is unable to reside at the property during the military service. H.R. 1750, 110 th Cong., 1 st Sess. (2007), a bill to extend from 90 days to one year the period after release of a member of the Armed Forces from active duty during which the member is protected from mortgage foreclosure. The bill was introduced on March 28, 2007, by Representative Wynn and referred to the Committee on Veterans Affairs Subcommittee on Economic Opportunity. On June 29, 2007, the bill was forwarded by the subcommittee to the full committee. The bill changes the length of time a servicemember, after release from active duty, is protected from mortgage foreclosure. The time period increases from 90 days to one year of protection. Representative J. Hall offered an amendment changing the effective date clause of the bill from February 1, 2003, to 90 days after enactment. The amendment was agreed to in the subcommittee by voice vote. H.R. 2855, 110 th Cong., 1 st Sess. (2007), the Wounded Heroes Bill of Rights Act. The bill was introduced on June 25, 2007, by Representative Rodriguez and referred to the Committee on Veterans Affairs Subcommittee on Health, the Committee 5 50 U.S.C. App 531(c)(1), 532(b)(1), 533(d)(1), 535(h)(1), 537(e)(1).

CRS-4 on Ways and Means, and the Committee on Armed Services Subcommittee on Military Personnel. The bill provides one year of protection from mortgage foreclosure for individuals considered to be wounded heroes. Additionally, credit rating protection for a wounded hero is extended an additional year after the end of military service utilizing language similar to that included in H.R. 1598. The term wounded hero is defined as being any member of the armed forces or a veteran who, on or after September 11, 2001, was severely injured while serving on active duty. Child Custody H.R. 1585, 110 th Cong., 1 st Sess. (2007), the National Defense Authorization Act for Fiscal Year 2008. H.R. 1585, as passed in the House, included child custody protection language. The Senate version does not include the child protection language. The bill is going to conference. The bill provides that servicemembers deployed in support of a contingency operation are protected from changes in child custody orders. Courts are prohibited from modifying or amending any previous judgment or order, or issuing a new order that changes a custody arrangement existing at the start of the deployment. Courts may enter a temporary custody order if it is in the best interest of the child. Upon completion of the deployment, the custody order that was in effect immediately preceding the date of deployment is reinstated. If a motion for change of custody is filed upon completion of a deployment, the previous absence of the member by reason of the previous deployment may not be considered by the court in determining the best interest of the child. Education Benefits H.R. 2910, 110 th Cong., 1 st Sess. (2007), the VETS Act of 2007. 6 The bill provides for reimbursement of tuition to members of the armed forces for programs of education delayed by military service, for deferment of student loans, and reduced interest rates for members of the armed forces during periods of active duty service. Introduced on June 28, 2007, by Representatives S. Davis, Mitchell, and Walz. The bill was referred to the Committee on Veterans Affairs Subcommittee on Economic Opportunity. The bill provides for a refund of tuition and fees for the portion of a program in which the member did not get academic credit due to withdrawal or a leave of absence because of recall, activation, or orders to active duty. The member is also provided the right to reenter the program upon completion of military service at the same educational and academic status as when he/she left for service. Student loans not in repayment status on the date that military service begins may be deferred at least 13 months after the completion of service. If the member reenters the same or a similar education program within 13 months of ending service, the entire 6 See also, S. 1718, 110 th Cong., 1 st Sess. (2007), the Veterans Education Tuition Support Act. The bill was introduced by Senators Brown and Salazar on June 27, 2007, and referred to the Committee on Veterans Affairs.

CRS-5 period the education program was discontinued shall not be considered in determining when loan repayment is to begin. Service Contracts H.R. 3298, 110 th Cong., 1 st Sess. (2007), the 21 st Century Servicemembers Protection Act. Representatives P. Murphy and Walz introduced the bill on August 1, 2007, and it was referred to the House Committee on Veterans Affairs Subcommittee on Economic Opportunity. The bill allows servicemembers to terminate or suspend certain service contracts entered into before receiving notice of a permanent change of station or deployment orders, and to provide penalties for violations of the 6% interest rate limitations currently provided by SCRA. 7 Servicemembers may suspend or cancel a contract entered into before beginning a period of military service greater than 90 days. Members receiving permanent change of station orders from a location in the continental United States to a location outside the continental United States, or members receiving orders from a location in a state outside the continental United States to any location outside that state, are eligible to suspend or cancel the contract. Additionally, any member receiving deployment orders for a period of not less than 180 days is eligible to suspend or cancel the contract. Contracts for cellular phone service, cable or satellite televison service, Internet service, automobile insurance, water, electricity, oil, gas, telephone, or other utility are covered under the bill. The bill adds a provision pertaining to the maximum interest rate that may be charged on debts incurred before military service. Any person who knowingly violates the maximum 6% interest rate protection is subject to a penalty consisting of a fine and/or imprisonment for not more than one year. S. 1313, 110 th Cong., 1 st Sess. (2007), the Servicemembers Cellular Phone Contract Fairness Act of 2007. Senator Feingold introduced the bill on May 7, 2007, and it was referred to the Committee on Veterans Affairs. The bill provides servicemembers the right to cancel a contract for cellular phone service that was entered into prior to beginning military service if the period of service will be greater than 90 days. Members may cancel the contract if they are deployed for a period greater than 90 days or are permanently stationed at a location where the contract cannot be transferred at the same rate, terms, and quality of service. Dependents of the member may also cancel a cellular contract if they relocate while accompanying the member on orders, or otherwise relocate as a consequence of the military orders. S. 1315, 110 th Cong., 1 st Sess. (2007), the Disabled Veterans Insurance Improvement Act of 2007. Introduced by Senator Akaka on May 7, 2007, it was referred to the Committee on Veterans Affairs. As of August 29, 2007, the bill was placed on the Senate Legislative Calendar under General Orders. Calendar No. 336. The bill provides servicemembers the right to terminate or suspend a contract for cellular phone service if they receive orders to deploy for more than 90days. 7 50 U.S.C. App. 527.

CRS-6 S. 2033, 110 th Cong., 1 st Sess. (2007), the Cell Phone Consumer Empowerment Act of 2007. The bill provides for greater disclosure to, and empowerment of, consumers who have entered into a contract for cellular telephone service. It was introduced on September 7, 2007, by Senators Klobuchar and Rockefeller, and referred to the Committee on Commerce, Science, and Transportation. The bill provides servicemembers the right to cancel a contract for cellular phone service if the contract was entered into prior to entering military service for a period greater than 90 days. The member may also cancel the contract if he/she receives permanent change of station orders outside 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.