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House of Representatives Votes to Enhance Veteran Protections: Miller Provision to Protect Members of the U.S. Armed Forces Pass
Washington, D.C. - Today, the U.S. House of Representatives passed H.R. 3949, the Veterans' Small Business Assistance and Servicemembers Protection Act of 2009, which contains legislation written by Rep. Brad Miller (NC-13) to ensure legal protection for military members whose assignments abroad hinder them from meeting financial obligations at home.
The Servicemembers Rights Protection section of the bill temporarily suspends certain judicial and administrative proceedings and transactions that may harm legal rights during active duty. There are a growing number of cases throughout the country where members of the U.S. military serving in Iraq or Afghanistan have had no recourse in the courts during their wartime service - home foreclosure, business loss and apartment rental contracts are a few examples. The Dallas Morning News reported on one such case - Batie v. Subway Stores:
"Our military men and women should not have to worry about whether their residences will be foreclosed on, or whether their families will be evicted from their homes while serving their country overseas," said Rep. Miller.
"I would like to thank Congressman Miller for working to address the needs of service members and veterans by introducing legislation to expand protections to service members seeking to cancel certain service contracts due to a change in duty station where such service is not provided," said Rep. Bob Filner, Chairman of the House Committee on Veterans' Affairs. "As we work to strengthen our efforts nationally to support veterans and service members during deployments, I applaud the leadership of Congressman Miller on this issue."
In 2003 Congress passed the Servicemembers Civil Relief Act (SCRA) to provide protections for servicemembers when their military service prevents them from meeting financial obligations taken on before their entry into active duty. While most courts have recognized the inherent right of individual servicemembers to bring suit against those who violate their rights under the SCRA, recent court rulings have thrown into question this assumed right of servicemembers to access the courts.
Congressman Miller introduced The Servicemembers Rights Protection Act in an effort to eliminate any ambiguity about the protections for servicemembers under the SCRA. It would authorize the Attorney General to file a civil action when reasonable belief exists that a person or group of persons has engaged in actions that violate the SCRA. It allows the military member or covered individuals the right to join the civil action commenced by the Attorney General. Most importantly, the legislation would amend the SCRA to clarify that those persons individually protected by the SCRA have their own private cause of action, regardless of any enforcement action taken by the Attorney General.
State Representative Grier Martin (D-Wake), an Army Reservist and Afghanistan war veteran, contacted Rep. Miller about the need for the legislation after reading a Federal District Court case that denied a military member's right to court access.
To view Rep. Miller's remarks on the House floor regarding Servicemembers Rights Protection, go to:
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