,,ii #aacth ,,congress #ast ,session ,s4 #aegi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bh1 #bjac,mr4 ,sanders 7for himself and ,mr4 ,rockefeller7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend the ,servicemembers ,civil ,relief ,act to improve the protections provided to members of the uniformed services and their families1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,scra ,enhancement and ,improvement ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,enhancement of rights under ,servicemembers ,civil ,relief ,act,sec4 #aja4 ,extended period of protection under installment contracts for purchase or lease4,sec4 #ajb4 ,modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services4,sec4 #ajc4 ,prohibition on collection of penalties for early prepayment of mortgage4,sec4 #ajd4 ,protections for members of uniformed services regarding professional licenses4,sec4 #aje4 ,expansion of protections for members of uniformed services regarding taxes respecting real property occupied by businesses owned by such members4,sec4 #ajf4 ,prohibition on denial of credit because of eligibility for protection4,,title ,,ii--,improvements to ,servicemembers ,civil ,relief ,act,sec4 #bja4 ,improved protection of members of uniformed services against default judgments4,sec4 #bjb4 ,modification of period in which a waiver of a right pursuant to a written agreement may be made under ,servicemembers ,civil ,relief ,act4,sec4 #bjc4 ,clarification regarding application of enforcement authority of ,attorney ,general and private right of action under ,servicemembers ,civil ,relief ,act4,sec4 #bjd4 ,expansion of protections relating to mortgages to include obligations on real or personal property for which a servicemember is personally liable as a guarantor or co-maker4,,title ,,iii--,enforcement of rights under ,servicemembers ,civil ,relief ,act,sec4 #cja4 ,election of arbitration to resolve controversies under ,servicemembers ,civil ,relief ,act4,sec4 #cjb4 ,issuance and service of civil investigative demands by ,attorney ,general under ,servicemembers ,civil ,relief ,act4,sec4 #cjc4 ,increase in civil penalties for violation of ,servicemembers ,civil ,relief ,act4,,title ,,iv--,other matters,sec4 #dja4 ,clerical amendments4 ,i ,enhancement of rights under ,servicemembers ,civil ,relief ,act #aja4 ,extended period of protection under installment contracts for purchase or lease ,section #cjb7;a77#a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ecb7;a77#a77 is amended1 in the matter following subparagraph 7,b71 by striking or during that person's military service and inserting 1 during1 or within one year after such servicemember's period of military service4 #ajb4 ,modification of period determining which actions are covered under stay of proceedings and adjustment of obligation protections concerning mortgages and trust deeds of members of uniformed services 7a7 ,in general ,section #cjc7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ecc7;b77 is amended by striking filed and inserting pending4 7b7 ,conforming amendments ,section #gaj7;d7 of the ,honoring ,america's ,veterans and ,caring for ,camp ,lejeune ,families ,act of #bjab 7,public ,law #aab-aed2 #abf ,stat4 #abjh7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following new paragraph 7#a73 7#a7 ,sunset and revival 7,a7 ,in general ,subsections 7b7 and 7c7 of section #cjc of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ecc71 as amended by subsections 7a7 and 7b7 of this section1 are amended by striking within one year each place it appears and inserting within #ij days4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall take effect on ,january #a1 #bjae4 2 and 7#b7 by striking paragraph 7#c74 #ajc4 ,prohibition on collection of penalties for early prepayment of mortgage ,section #bjc of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ebc7 is amended by adding at the end the following new subsection3 7c7 ,prohibition on prepayment penalties for certain mortgages 7#a7 ,in general ,when a servicemember discharges an obligation arising under a mortgage contract and would otherwise thereby incur a prepayment penalty1 such penalty shall not accrue if-- 7,a7 the servicemember is in military service at the time the prepayment penalty is incurred2 and 7,b7 the reason the servicemember discharges the obligation1 thereby incurring the penalty1 is materially affected by such military service4 7#b7 ,materially affecting military service ,for purposes of paragraph 7#a77;,b71 the requirement that the reason a servicemember discharged a mortgage obligation1 thereby incurring a prepayment penalty1 be materially affected by military services requires-- 7,a7 that the mortgage be secured by the servicemember's primary residence2 and 7,b7 that the servicemember receive permanent change of station orders4 7#c7 ,relief1 costs1 and attorney fees ,an assessment of a penalty in violation of this subsection shall be considered a violation of this ,act for purposes of title ,,viii4 4 #ajd4 ,protections for members of uniformed services regarding professional licenses 7a7 ,in general ,title ,,vii of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #gja et seq47 is amended by adding at the end the following new section3 #gjg4 ,professional licenses 7a7 ,expiration during period in which servicemembers are eligible for hostile fire or imminent danger special pay ,if a license issued by a ,state or local licensing authority to a servicemember would otherwise expire during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 such ,state or local licensing authority shall delay the expiration of such license until not earlier than the date that is #ahj days after the date on which such period of eligibility ends4 7b7 ,continuing education requirements during period in which servicemembers are eligible for hostile fire or imminent danger special pay ,if a ,state or local licensing authority otherwise requires a servicemember to meet any continuing education requirements to maintain a license for a trade or profession during a period in which such servicemember is eligible for hostile fire or imminent danger special pay under section #caj of title #cg1 ,united ,states ,code1 such ,state or local licensing authority shall delay such continuing education requirement until not earlier than the date that is #ahj days after the date on which such period of eligibility ends4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act 7#ej ,u4,s4,c4 ,app4 #eja7;b77 is amended by inserting after the item relating to section #gjf the following new item3 ,sec4 #gjg4 ,professional licenses and certifications4 4 #aje4 ,expansion of protections for members of uniformed services regarding taxes respecting real property occupied by businesses owned by such members 7a7 ,in general ,subsection 7a77#b7 of section #eja of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #efa7 is amended by striking the matter before subparagraph 7,a7 and inserting the following3 7#b7 real property occupied for dwelling1 professional1 trade1 business1 or agricultural purposes by a servicemember1 the servicemember's dependents or employees1 or a business which 7without regard to the form in which such profession1 trade1 business1 or agricultural operation is organized or carried out7 is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember-- 4 7b7 ,notice ,such section is further amended by adding at the end the following new subsection3 7f7 ,written notice to taxing authorities ,in order for real property owned by a business which is owned entirely by a servicemember or by a servicemember and the spouse of the servicemember to be subject to the protections provided in this section1 the servicemember shall provide to the applicable taxing authority written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service1 not later than #ahj days after the date of the servicemember's termination or release from military service4 4 #ajf4 ,prohibition on denial of credit because of eligibility for protection ,section #ajh of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eah7 is amended-- 7#a7 by striking ,application by and inserting 7a7 ,application or receipt4--,application by2 and 7#b7 by adding at the end the following new subsection3 7b7 ,eligibility 7#a7 ,in general ,in addition to the protections under subsection 7a71 an individual who is entitled to any right or protection provided under this ,act may not be denied or refused credit or be subject to any other action described under paragraphs 7#a7 through 7#f7 of subsection 7a7 solely by reason of such entitlement4 7#b7 ,construction ,nothing in this subsection shall be construed to prohibit a lender from considering all relevant factors1 other than the entitlement of an individual to a right or protection provided under this ,act1 in making a determination as to whether it is appropriate to extend credit4 4 ,,ii ,improvements to ,servicemembers ,civil ,relief ,act #bja4 ,improved protection of members of uniformed services against default judgments 7a7 ,modification of plaintiff affidavit filing requirement 7#a7 ,in general ,paragraph 7#a7 of section #bja7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eba7;b77 is amended-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting such clauses two ems to the right2 7,b7 in the matter before clause 7i71 as redesignated by subparagraph 7,a71 by striking ,in any and inserting the following3 7,a7 ,in general ,in any 2 and 7,c7 by adding at the end the following new subparagraph 7,b73 7,b7 ,due diligence ,before filing the affidavit1 the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service1 including a search of available records of the ,department of ,defense and any other information reasonably available to the plaintiff4 ,the affidavit shall set forth all steps taken to determine the defendant's military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit4 4 7#b7 ,applicability ,paragraph 7#a77;,b7 of such section1 as added by paragraph 7#a71 shall apply with respect to actions and proceedings filed on or after the date of the enactment of this ,act4 7b7 ,appointment of attorney ,to represent defendant in military service ,paragraph 7#b7 of such section 7#ej ,u4,s4,c4 ,app4 #eba7;b77 is amended-- 7#a7 by striking ,if in an action and inserting the following3 7,a7 ,in general ,if in an action 2 7#b7 in subparagraph 7,a71 as designated by paragraph 7#a71 by striking ,if an attorney and inserting the following3 7,c7 ,limitations on appointed attorney ,if an attorney 2 7#c7 by inserting after subparagraph 7,a71 as designated by paragraph 7#a71 the following new subparagraph3 7,b7 ,due diligence ,if the court appoints an attorney to represent the defendant-- 7i7 the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service1 including a search of available records of the ,department of ,defense and any other information reasonably available to the attorney2 and 7ii7 the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant4 2 and 7#d7 by adding at the end the following new subparagraph3 7,d7 ,treatment of attorneys fees ,the reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes1 unless the creditor seeks relief from such charges from the court4 4 #bjb4 ,modification of period in which a waiver of a right pursuant to a written agreement may be made under ,servicemembers ,civil ,relief ,act ,section #ajg7;a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eag7 is amended in the third sentence by striking during or after the servicemember's period of military service and inserting after the occurrence of the event that gave rise to the rights or protections to be waived4 #bjc4 ,clarification regarding application of enforcement authority of ,attorney ,general and private right of action under ,servicemembers ,civil ,relief ,act ,sections #hja and #hjb of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eig and #eig;a7 shall apply as if such sections were included in the enactment of the ,soldiers' and ,sailors' ,civil ,relief ,act of #aidj 7#ed ,stat4 #aagh1 chapter #hhh7 and included in the restatement of such ,act in ,public ,law #ajh-ahi4 #bjd4 ,expansion of protections relating to mortgages to include obligations on real or personal property for which a servicemember is personally liable as a guarantor or co-maker ,section #cjc7;a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ecc7 is amended1 in the matter before paragraph 7#a71 by inserting or an obligation on real or personal property for which a servicemember is personally liable as a guarantor or co-maker after by a servicemember4 ,,iii ,enforcement of rights under ,servicemembers ,civil ,relief ,act #cja4 ,election of arbitration to resolve controversies under ,servicemembers ,civil ,relief ,act 7a7 ,in general ,section #ajb of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eab7 is amended by adding at the end the following new subsection3 7d7 ,election of arbitration 7#a7 ,consent ,required ,notwithstanding any other provision of law1 whenever a contract with a servicemember provides for the use of arbitration to resolve a controversy subject to a provision of this ,act and arising out of or relating to such contract1 arbitration may be used to settle such controversy only if1 after such controversy arises1 all parties to such controversy consent in writing to use arbitration to settle such controversy4 7#b7 ,explanation required ,notwithstanding any other provision of law1 whenever arbitration is elected to settle a dispute pursuant to paragraph 7#a71 the arbitrator shall provide the parties to such contract with a written explanation of the factual and legal basis for any decision made by the arbitrator in the course of such arbitration4 4 7b7 ,applicability ,subsection 7d7 of such section1 as added by subsection 7a71 shall apply with respect to contracts entered into1 amended1 altered1 modified1 renewed1 or extended after the date of the enactment of this ,act4 #cjb4 ,issuance and service of civil investigative demands by ,attorney ,general under ,servicemembers ,civil ,relief ,act 7a7 ,in general ,section #hja of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eig7 is amended by adding at the end the following3 7d7 ,issuance and service of civil investigative demands 7#a7 ,in general ,whenever the ,attorney ,general has reason to believe that any person may be in possession1 custody1 or control of any documentary material relevant to an investigation under this ,act1 the ,attorney ,general may1 before commencing a civil action under subsection 7a71 issue in writing and serve upon such person1 a civil investigative demand requiring-- 7,a7 the production of such documentary material for inspection and copying2 7,b7 that the custodian of such documentary material answer in writing written questions with respect to such documentary material2 or 7,c7 the production of any combination of such documentary material or answers4 7#b7 ,false claims ,the provisions of section #cgcc of title #ca1 ,united ,states ,code1 governing the authority to issue1 use1 and enforce civil investigative demands shall apply with respect to the authority to issue1 use1 and enforce civil investigative demands under this section1 except that1 for purposes of applying such section #cgcc-- 7,a7 references to false claims law investigators or investigations shall be considered references to investigators or investigations under this ,act2 7,b7 references to interrogatories shall be considered references to written questions1 and answers to such need not be under oath2 7,c7 the definitions relating to false claims law shall not apply2 and 7,d7 provisions relating to qui tam relators shall not apply4 7#c7 ,annual report 7,a7 ,in general ,not later than one year after the date of the enactment of the ,,scra ,enhancement and ,improvement ,act of #bjac and not less frequently than once each year thereafter1 the ,attorney ,general shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the issuance of civil investigative demands under this subsection during the previous one-year period4 7,b7 ,elements ,each report submitted under subparagraph 7,a7 shall include the following for the year covered by the report3 7i7 ,the number of times that a civil investigative demand was issued under this subsection4 7ii7 ,for each civil investigative demand issued under this subsection with respect to an investigation1 whether such investigation resulted in a settlement or conviction4 4 7b7 ,effective date ,subsection 7d7 of such section1 as added by subsection 7a71 shall take effect on the date of the enactment of this ,act and shall apply with respect to all violations of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq471 regardless of when the violations are alleged to have occurred4 #cjc4 ,increase in civil penalties for violation of ,servicemembers ,civil ,relief ,act 7a7 ,in general ,section #hja7;b77#c7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eig7;b77#c77 is amended-- 7#a7 in subparagraph 7,a71 by striking #ee1jjj and inserting #aaj1jjj2 and 7#b7 in subparagraph 7,b71 by striking #aaj1jjj and inserting #bbj1jjj4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act and shall apply with respect to violations of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eja et seq47 that occur on or after such date4 ,,iv ,other matters #dja4 ,clerical amendments 7a7 ,in general ,the heading for section #cje of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #ece7 is amended by striking residential or motor vehicle leases and inserting leases of premises occupied and motor vehicles used4 7b7 ,table of contents ,the table of contents in section #a7;b7 of such ,act 7#ej ,u4,s4,c4 ,app4 #eja7;b77 is amended by striking the item relating to section #cje and inserting the following new item3 ,sec4 #cje4 ,termination of leases of premises occupied and motor vehicles used4 4