Reserve Officers Association

Improve SCRA
Resolution No. 10-22 

WHEREAS, Congress enacted the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) in 1917; and,

WHEREAS, Congress comprehensively updated the SSCRA in 2003, and the current law is known as the Servicemembers Civil Relief Act (SCRA); and,

WHEREAS, the SSCRA/SCRA has served our nation well for almost 100 years, but the law requires constant updating to address new situations not anticipated by Congress and to fill loopholes in enforcement; and,

WHEREAS, more than 750,000 National Guard and Reserve personnel have been called to active duty at least once (some multiple times) since the terrorist attacks of September 11, 2001, meaning that the civil relief statute is important and relevant, now more than ever;

NOW, THEREFORE, BE IT RESOLVED, that the Reserve Officers Association of the United States, chartered by Congress, urge the Congress to enact legislation improving Servicemembers Civil Relief Act and its enforcement mechanism, with such legislation to include, at a minimum, the following items:

a. Amend the SCRA to clarify that the aggrieved servicemember, or family member of a servicemember, has a private right of action and can sue in federal or state court to enforce his or her SCRA rights and obtain appropriate relief, including compensatory and punitive damages.

b. Amend the SCRA to provide for the court to order the losing SCRA defendant to pay attorney fees for the prevailing SCRA plaintiff.

c. Amend the SCRA to forbid discrimination against National Guard and Reserve personnel in the extension of credit and in financial transactions.

d. Amend the SCRA to broaden the types of leases and contracts that the individual is permitted to terminate upon call to active duty.

e. Amend the SCRA to broaden the types of insurance that the servicemember is entitled to reinstate after release from a period of service, if such insurance coverage was terminated during the individual’s period of service.

f. Amend the SCRA to apply the provisions for mandatory continuances and default judgment protections to arbitration proceedings.

Adopted by ROA National Convention 10 February 2010
Source: ROA Headquarters - SW
 

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