Home > 108th Congressional Bills > H.R. 4659 (ih) To amend chapter 43 of title 38, United States Code, to extend the period for which an individual may elect to continue employer-sponsored health care coverage under the Uniform Services Employment and Reemployment Rights Act of 1994, and f...H.R. 4659 (ih) To amend chapter 43 of title 38, United States Code, to extend the period for which an individual may elect to continue employer-sponsored health care coverage under the Uniform Services Employment and Reemployment Rights Act of 1994, and f...
Union Calendar No. 422
108th CONGRESS
2d Session
H. R. 4658
[Report No. 108-683]
To amend the Servicemembers Civil Relief Act to make certain
improvements and technical corrections to that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2004
Mr. Smith of New Jersey (for himself and Mr. Evans) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
September 13, 2004
Additional sponsors: Mr. Michaud, Mrs. Davis of California, Mr. Brady
of Pennsylvania, Mr. Strickland, Mr. Holden, Mr. Vitter, Mr. Filner,
Mr. Gutierrez, Ms. Corrine Brown of Florida, Mr. Ryan of Ohio, Ms.
Herseth, and Ms. Bordallo
September 13, 2004
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
23, 2004]
_______________________________________________________________________
A BILL
To amend the Servicemembers Civil Relief Act to make certain
improvements and technical corrections to that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Servicemembers and
Veterans Legal Protections Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
Sec. 101. Clarification of meaning of ``judgment'' as used in the Act.
Sec. 102. Requirements relating to waiver of rights under the Act.
Sec. 103. Right of servicemember plaintiffs to request stay of civil
proceedings.
Sec. 104. Termination of leases.
Sec. 105. Prevention of double taxation of certain servicemembers.
TITLE II--EMPLOYMENT AND REEMPLOYMENT RIGHTS
Subtitle A--Extension of Health Care Coverage
Sec. 201. Two-year period of continuation of employer-sponsored health
care coverage.
Sec. 202. Reinstatement of reporting requirements.
Subtitle B--Other Matters
Sec. 211. Requirement for employers to provide notice of rights and
duties under USERRA.
Sec. 212. Demonstration project for referral of USERRA claims against
Federal agencies to the Office of Special
Counsel.
TITLE III--MATTERS RELATING TO FIDUCIARIES
Sec. 301. Definition of fiduciary.
Sec. 302. Inquiry, investigations, and qualification of fiduciaries.
Sec. 303. Misuse of benefits by fiduciaries.
Sec. 304. Additional protections for beneficiaries with fiduciaries.
Sec. 305. Annual report.
Sec. 306. Annual adjustment in benefits thresholds.
Sec. 307. Effective dates.
TITLE IV--OTHER MATTERS
Sec. 401. Inventory of medical waste management activities at
Department health-care facilities.
Sec. 402. Care for newborn children of veterans receiving maternity
care.
Sec. 403. Technical amendments to education program provisions.
TITLE I--IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF ACT
SEC. 101. CLARIFICATION OF MEANING OF ``JUDGMENT'' AS USED IN THE ACT.
Section 101 of the Servicemembers Civil Relief Act (50 U.S.C. App.
511) is amended by adding at the end the following new paragraph:
``(9) Judgment.--The term `judgment' means any judgment,
decree, order, or ruling, final or temporary.''.
SEC. 102. REQUIREMENTS RELATING TO WAIVER OF RIGHTS UNDER THE ACT.
Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App.
517) is amended--
(1) In subsection (a), by inserting after the first
sentence the following new sentence: ``Any such waiver that
applies to an action listed in subsection (b) of this section
is effective only if it is in writing and is executed as an
instrument separate from the obligation or liability to which
it applies.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Prominent Display of Certain Contract Rights Waivers.--Any
waiver in writing of a right or protection provided by this Act that
applies to a contract, lease, or similar legal instrument must be in at
least 12 point type.''.
SEC. 103. RIGHT OF SERVICEMEMBER PLAINTIFFS TO REQUEST STAY OF CIVIL
PROCEEDINGS.
Section 202(a) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 522(a)) is amended by inserting ``plaintiff or'' before
``defendant''.
SEC. 104. TERMINATION OF LEASES.
(a) Joint Leases.--Subsection (a) of section 305 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 535) is amended to read
as follows:
``(a) Termination by Lessee.--
``(1) In general.--The lessee on a lease described in
subsection (b) may, at the lessee's option, terminate the lease
at any time after--
``(A) the lessee's entry into military service; or
``(B) the date of the lessee's military orders
described in paragraph (1)(B) or (2)(B) of subsection
(b), as the case may be.
``(2) Joint leases.--A lessee's termination of a lease
pursuant to this subsection shall terminate any obligation a
dependent of the lessee may have under the lease.''.
(b) Motor Vehicles Leases.--
(1) Applicability to pcs orders from states outside
conus.--Subparagraph (B) of subsection (b)(2) of such section
is amended by striking ``military orders for'' and all that
follows through ``or to deploy'' and inserting ``military
orders--
``(i) for a change of permanent station--
``(I) from a location in the
continental United States to a location
outside the continental United States;
or
``(II) from a location in a State
outside the continental United States
to any location outside that State; or
``(ii) to deploy''.
(2) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(i) Definitions.--
``(1) Military orders.--The term `military orders', with
respect to a servicemember, means official military orders, or
any notification, certification, or verification from the
servicemember's commanding officer, with respect to the
servicemember's current or future military duty status.
``(2) Conus.--The term `continental United States' means
the 48 contiguous States and the District of Columbia.''.
(c) Coverage of Individual Deployments.--Subsection (b) of such
section is further amended in paragraph (1)(B) and paragraph (2)(B)(ii)
(as designated by subsection (b) of this section) by inserting ``, or
as an individual in support of a military operation,'' after ``deploy
with a military unit''.
SEC. 105. PREVENTION OF DOUBLE TAXATION OF CERTAIN SERVICEMEMBERS.
Section 511(c) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 571(c)) is amended by adding at the end the following new
paragraph:
``(5) Use, excise, or similar taxes.--A tax jurisdiction
may not impose a use, excise, or similar tax on the personal
property of a nonresident servicemember when the laws of the
tax jurisdiction fail to provide a credit against such taxes
for sales, use, excise, or similar taxes previously paid on the
same property to another tax jurisdiction.''.
TITLE II--EMPLOYMENT AND REEMPLOYMENT RIGHTS
Subtitle A--Extension of Health Care Coverage
SEC. 201. TWO-YEAR PERIOD OF CONTINUATION OF EMPLOYER-SPONSORED HEALTH
CARE COVERAGE.
(a) Improvement in Period of Coverage.--Subsection (a)(1)(A) of
section 4317 of title 38, United States Code, is amended by striking
``18-month period'' and inserting ``24-month period''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to elections made under such section 4317 on or after the date of
the enactment of this Act.
SEC. 202. REINSTATEMENT OF REPORTING REQUIREMENTS.
Section 4332 of title 38, United States Code, is amended in the
matter preceding paragraph (1) by striking ``no later than February 1,
1996, and annually thereafter through 2000'' and inserting ``no later
than February 1, 2005, and annually thereafter''.
Subtitle B--Other Matters
SEC. 211. REQUIREMENT FOR EMPLOYERS TO PROVIDE NOTICE OF RIGHTS AND
DUTIES UNDER USERRA.
(a) Notice.--Chapter 43 of title 38, United States Code, is amended
by adding at the end the following new section:
``Sec. 4334. Notice of rights and duties
``(a) Requirement to Provide Notice.--Each employer shall provide
to persons entitled to rights and benefits under this chapter a notice
of the rights, benefits, and obligations of such persons and such
employers under this chapter. The requirement for the provision of
notice under this section may be met by the posting of the notice where
employers customarily place notices for employees.
``(b) Content of Notice.--The Secretary shall provide to employers
the text of the notice to be provided under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``4334. Notice of rights and duties.''.
(c) Implementation.--(1) Not later than the date that is 90 days
after the date of the enactment of this Act, the Secretary of Labor
shall make available to employers the notice required under section
4334 of title 38, United States Code, as added by subsection (a).
(2) The amendments made by this section shall apply to employers
under chapter 43 of such title on and after the first date referred to
in paragraph (1).
SEC. 212. DEMONSTRATION PROJECT FOR REFERRAL OF USERRA CLAIMS AGAINST
FEDERAL AGENCIES TO THE OFFICE OF SPECIAL COUNSEL.
(a) Establishment of Project.--The Secretary of Labor and the
Office of Special Counsel shall carry out a demonstration project under
which certain claims against Federal executive agencies under the
Uniformed Services Employment and Reemployment Rights Act under chapter
43 of title 38, United States Code, are referred to, or otherwise
received by, the Office of Special Counsel for assistance, including
investigation and resolution of the claim as well as enforcement of
rights with respect to the claim.
(b) Referral of All Prohibited Personnel Action Claims to the
Office of Special Counsel.--(1) Under the demonstration project, the
Office of Special Counsel shall receive and investigate all claims
under the Uniformed Services Employment and Reemployment Rights Act
with respect to Federal executive agencies in cases where the Office of
Special Counsel has jurisdiction over related claims pursuant to
section 1212 of title 5, United States Code.
(2) For purposes of paragraph (1), a related claim is a claim
involving the same Federal executive agency and the same or similar
factual allegations or legal issues as those being pursued under a
claim under the Uniformed Services Employment and Reemployment Rights
Act.
(c) Referral of Other Claims Against Federal Executive Agencies.--
(1) Under the demonstration project, the Secretary--
(A) shall refer to the Office of Special Counsel all claims
described in paragraph (2) made during the period of the
demonstration project; and
(B) may refer any claim described in paragraph (2) filed
before the demonstration project that is pending before the
Secretary at the beginning of the demonstration project.
(2) A claim referred to in paragraph (1) is a claim under chapter
43 of title 38, United States Code, against a Federal executive agency
by a claimant with a social security account number with an odd number
as its terminal digit, or, in the case of a claim that does not contain
a social security account number, a case number assigned to the claim
with an odd number as its terminal digit.
(d) Administration of Demonstration Project.--(1) The Office of
Special Counsel shall administer the demonstration project. The
Secretary shall cooperate with the Office of Special Counsel in
carrying out the demonstration project.
(2) In the case of any claim referred, or otherwise received by, to
the Office of Special Counsel under the demonstration project, any
reference to the ``Secretary'' in sections 4321, 4322, and 4326 of
title 38, United States Code, is deemed a reference to the ``Office of
Special Counsel''.
(3) In the case of any claim referred to, or otherwise received by,
the Office of Special Counsel under the demonstration project, the
Office of Special Counsel shall retain administrative jurisdiction over
the claim.
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