,,ii #aadth ,,congress #b;d ,session ,s4 #bgai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag1 #bjaf,mrs4 ,murray 7for herself1 ,mr4 ,sanders1 ,mr4 ,blumenthal1 ,mr4 ,durbin1 and ,ms4 ,warren7 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 #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,student protection and debt relief ,sec4 #aja4 ,student protection and debt relief4 ,sec4 #ajb4 ,expansion of protections concerning all debts of members of uniformed services to cover debt incurred during and after periods of military service4 ,sec4 #ajc4 ,improvements concerning limitations on rates of interest on debts of members of uniformed services4 ,sec4 #ajd4 ,requirement that student loan servicers employ dedicated servicemember service representatives4 ,sec4 #aje4 ,timely processing by student loan servicers of requests submitted by servicemembers4 ,sec4 #ajf4 ,requirements applicable to student loan applications4 ,sec4 #ajg4 ,retention by loan servicers of copies and recordings of communications with members of uniformed services and veterans4 ,sec4 #ajh4 ,online tool for evaluation of student loan servicers4 ,sec4 #aji4 ,assessment of student loan servicers4 ,sec4 #aaj4 ,definitions4 ,,title ,,ii--,enhancement of rights under ,servicemembers ,civil ,relief ,act ,sec4 #bja4 ,extended period of protection under installment contracts for purchase or lease4 ,sec4 #bjb4 ,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 #bjc4 ,prohibition on collection of penalties for early prepayment of mortgage4 ,sec4 #bjd4 ,protections for members of uniformed services regarding professional licenses4 ,sec4 #bje4 ,expansion of protections for members of uniformed services regarding taxes respecting real property occupied by businesses owned by such members4 ,sec4 #bjf4 ,prohibition on denial of credit because of eligibility for protection4 ,sec4 #bjg4 ,termination of television and ,internet service contracts4 ,sec4 #bjh4 ,guarantee of residency of dependents of members of uniformed services4 ,,title ,,iii--,improvements to ,servicemembers ,civil ,relief ,act ,sec4 #cja4 ,improved protection of members of uniformed services against default judgments4 ,sec4 #cjb4 ,modification of period in which a waiver of a right pursuant to a written agreement may be made under ,servicemembers ,civil ,relief ,act4 ,sec4 #cjc4 ,clarification regarding application of enforcement authority of ,attorney ,general and private right of action under ,servicemembers ,civil ,relief ,act4 ,sec4 #cjd4 ,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 ,,iv--,enforcement of rights under ,servicemembers ,civil ,relief ,act ,sec4 #dja4 ,election of arbitration to resolve controversies under ,servicemembers ,civil ,relief ,act4 ,sec4 #djb4 ,issuance and service of civil investigative demands by ,attorney ,general under ,servicemembers ,civil ,relief ,act4 ,sec4 #djc4 ,increase in civil penalties for violation of ,servicemembers ,civil ,relief ,act4 ,,title ,v--,other matters ,sec4 #eja4 ,transfer of definitions of military orders and continental ,united ,states4 ,sec4 #ejb4 ,clerical amendments4 ,i ,student protection and debt relief #aja4 ,student protection and debt relief 7a7 ,in general ,the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq47 is amended by adding at the end the following new title3 ,,ix ,student protection and debt relief #ija4 ,definitions ,in this title3 7#a7 ,servicer ,the term servicer1 with respect to a student loan1 means a person who-- 7,a7 during a period in which repayment of the student loan is required-- 7i7 receives scheduled periodic payments from the borrower or notification of such payments2 and 7ii7 applies payments to the borrower's account pursuant to the terms of the student loan or of the contract governing the servicing of the student loan2 7,b7 during a period when not payment is required on the student loan-- 7i7 maintains account records regarding the student loan2 and 7ii7 communicates with the borrower regarding the student loan on behalf of the student loan's holder2 or 7,c7 interacts with the borrower1 including activities to help prevent default on obligations arising from the student loan1 conducted to facilitate activities described in subparagraph 7,a7 or 7,b74 7#b7 ,student loan ,the term student loan has the meaning given such term qualified education loan in section #bba7;d7 of the ,internal ,revenue ,code of #aihf4 #ijb4 ,continual monitoring by student loan servicers of status of servicemembers 7a7 ,in general ,each servicer of a student loan that was issued by or guaranteed by the ,federal ,government shall continuously monitor the ,defense ,manpower ,data ,center1 or any successor database1 for the purpose of continuously monitoring the duty status of borrowers who are servicemembers and complying with the requirements of this ,act4 7b7 ,policies and procedures ,monitoring conducted under subsection 7a7 shall be conducted in accordance with such policies and procedures as the ,secretary of ,defense may prescribe for purposes of this section4 #ijc4 ,requirement that student loan servicers explain denials of benefits and provide instruction for appeals process ,in any case in which a servicemember submits to the servicer of a student loan of the servicemember an application for a benefit under this ,act or a notice to invoke a protection under this ,act with respect to such student loan and the servicer denies such benefit or determines that such protection is not applicable1 the servicer shall provide the servicemember with-- 7#a7 a complete and clear explanation of the reasons why the servicer denied such benefit or determined such protection is not applicable2 and 7#b7 a clear and concise description of the actions that the servicemember may take-- 7,a7 to appeal such denial or determination2 and 7,b7 to obtain such benefit or invoke such protection4 #ijd4 ,notification of transfer or sale of student loans 7a7 ,notification required ,not later than #fj days before the date that a servicer of a student loan of a servicemember sells or transfers such student loan to another person for servicing1 the servicer of such loan shall submit to the ,secretary of ,education1 the ,director of the ,consumer ,financial ,protection ,bureau1 and the servicemember a notice of such sale or transfer4 7b7 ,retention of limitations and protections ,in any case in which a student loan described in subsection 7a7 is sold or transferred and the seller or transferor of the student loan placed a limitation or protection on such loan pursuant to a provision of this ,act1 such limitation or protection shall apply to such student loan after sale or transfer without any action taken by the servicemember4 #ije4 ,forgiveness of student debt of servicemembers 7a7 ,forgiveness of student debt of servicemembers who die in line of duty while serving on active duty ,upon the death of a servicemember who dies in line of duty while serving on active duty as a member of the ,armed ,forces1 each student loan of the servicemember is forgiven4 7b7 ,forgiveness of ,federal student debt upon service-,connected death ,upon the service-connected death of a servicemember1 the balance of each student loan of the servicemember guaranteed or issued by the ,federal ,government is forgiven4 7c7 ,service-,connected defined ,in this section1 the term service-connected has the meaning given such term in section #aja of title #ch1 ,united ,states ,code4 4 7b7 ,clerical amendment ,section #a7;b7 of such ,act is amended by adding at the end the following new items3 ,,title ,,ix--,student protection and debt relief ,sec4 #ija4 ,definitions4 ,sec4 #ijb4 ,continual monitoring by student loan servicers of status of servicemembers4 ,sec4 #ijc4 ,requirement that student loan servicers explain denials of benefits and provide instruction for appeals process4 ,sec4 #ijd4 ,notification of transfer or sale of student loans4 ,sec4 #ije4 ,forgiveness of student debt of servicemembers4 4 #ajb4 ,expansion of protections concerning all debts of members of uniformed services to cover debt incurred during and after periods of military service 7a7 ,application of maximum rate of interest to all debts incurred by members of uniformed services 7#a7 ,in general ,subsection 7a77#a7 of section #bjg of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cicg7 is amended1 in the matter before subparagraph 7,a71 by striking before the servicemember enters military service4 7#b7 ,conforming amendment ,subsection 7b77#a7 of such section is amended-- 7,a7 by inserting 1 as applicable1 after extending military service2 and 7,b7 by striking 1 not later than #ahj days after the date of the servicemember's termination or release from military service4 7#c7 ,clerical amendments 7,a7 ,section heading ,section #bjg of such ,act 7#ej ,u4,s4,c4 #cicg7 is amended by striking before military service and inserting by servicemembers4 7,b7 ,table of contents ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #bjg and inserting the following new item3 ,sec4 #bjg4 ,maximum rate of interest on debts incurred by servicemembers4 4 7b7 ,expansion of protections regarding mortgages and trust deeds ,section #cjc7;a7 of such ,act 7#ej ,u4,s4,c4 #ciec7;a77 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking servicemember that-- and inserting servicemember--2 7#b7 in paragraph 7#a71 by striking originated before the period of the servicemember's military service and2 and 7#c7 in paragraph 7#b71 by inserting that before is secured4 #ajc4 ,improvements concerning limitations on rates of interest on debts of members of uniformed services 7a7 ,modification of maximum rate of interest ,section #bjg7;a7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cicg7;a771 as amended by section #ajb7;a71 is further amended-- 7#a7 in paragraph 7#a71 in the matter before subparagraph 7,a7-- 7,a7 by striking ,limitation to #f percent and inserting ,in general2 7,b7 by striking #f percent per year and inserting the rate specified in paragraph 7#d72 and 7,c7 by striking #f percent-- and inserting the rate specified in paragraph 7#d7--2 7#b7 in paragraph 7#b7-- 7,a7 by striking interest in excess of #f percent and inserting excess interest2 and 7,b7 by striking #f percent per year and inserting the rate specified in paragraph 7#d72 and 7#c7 by adding at the end the following new paragraph3 7#d7 ,maximum rate ,the rate specified in this paragraph is-- 7,a7 except as provided in subparagraph 7,b71 three percent per year2 and 7,b7 in the case of a servicemember who1 during a period of military service1 is eligible for special pay under section #caj of title #cg1 ,united ,states ,code1 zero percent per year for the duration of such period4 4 7b7 ,procedures for implementation of maximum rate of interest 7#a7 ,procedures concerning student debt ,section #bjg7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cicg7;b771 as amended by section #ajb7;a77#b71 is further amended-- 7,a7 in paragraph 7#a71 by striking ,in order and inserting ,except as provided in paragraph 7#c77;,a71 in order2 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,student loans issued or guaranteed by ,federal ,government 7,a7 ,automatic application of rate reduction ,a servicer of a student loan issued or guaranteed by the ,federal ,government shall be considered to have received written notice concerning the student loan of an individual and a copy of military orders1 as applicable1 under paragraph 7#a7 whenever the ,defense ,manpower ,data ,center1 or any successor database1 changes the duty status of the individual in such a manner as to indicate that debts of the individual are subject to the rate limitation in subsection 7a74 7,b7 ,notice submitted by student loan servicers to servicemembers ,whenever a servicer of a student loan of a servicemember issued or guaranteed by the ,federal ,government forgoes interest on the student loan pursuant to paragraph 7#a7 of subsection 7a7 or forgives interest pursuant to paragraph 7#b7 of such subsection1 the servicer shall notify the servicemember of-- 7i7 the action taken by the servicer2 and 7ii7 such rights as the servicemember may have under this ,act or any other applicable provision of law4 4 7#b7 ,uniform applicability of notice ,such section is further amended by adding at the end the following new paragraph3 7#d7 ,uniform applicability of notice ,if a servicemember provides a creditor written notice and a copy of military orders pursuant paragraph 7#a7 in order to invoke a rate reduction under subsection 7a7 with respect to a particular obligation or liability1 such provision of notice shall be considered provision of notice to the creditor for purposes of invoking rate reductions under subsection 7a7 for all obligations and liabilities of the servicemember serviced1 owned1 or held by the creditor4 4 #ajd4 ,requirement that student loan servicers employ dedicated servicemember service representatives 7a7 ,in general ,each servicer of a student loan that was issued by or guaranteed by the ,federal ,government shall employ at least one individual who is dedicated to servicing student loans of servicemembers and is knowledgeable about the rights and benefits to which members of the uniformed services are entitled under this ,act1 the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq471 and any other provision of law by virtue of being a member of the uniformed services4 7b7 ,training 7#a7 ,in general ,each servicer described in subsection 7a7 shall ensure that each individual employed pursuant to subsection 7a7 is appropriately trained4 7#b7 ,standards ,the ,secretary of ,education1 in collaboration with the ,secretary of ,defense1 the ,secretary of ,veterans ,affairs1 and the ,attorney ,general1 may prescribe standards for training required by paragraph 7#a74 7#c7 ,certification ,each servicer described in subsection 7a7 shall certify to the ,secretary of ,education and the ,secretary of ,veterans ,affairs whether the individual or individuals employed by the servicer pursuant to subsection 7a7 have been appropriately trained pursuant to paragraph 7#a74 7c7 ,dedicated phone numbers and ,internet websites 7#a7 ,in general ,each servicer described in subsection 7a7 shall establish a dedicated phone number and ,internet website or webpage-- 7,a7 by which servicemembers can contact and receive assistance from the individual or individuals the servicer employs under subsection 7a72 and 7,b7 from which servicemembers can obtain descriptions of the rights and benefits to which servicemembers are entitled under this ,act4 7#b7 ,prominent display ,each servicer described in subsection 7a7 shall prominently display on marketing materials1 application documents1 and the ,internet website of the servicer the phone number and the ,uniform ,resource ,locator for the ,internet website established by the person pursuant to paragraph 7#a74 #aje4 ,timely processing by student loan servicers of requests submitted by servicemembers ,each servicer of a student loan of a servicemember that was issued by or guaranteed by the ,federal ,government shall ensure that each request submitted to the servicer by a servicemember for a benefit or protection under this ,act1 the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq471 and any other applicable provision of law is processed by the servicer before the earlier of the following3 7#a7 ,the date that is #ad days after the date that the person received the request from the servicemember4 7#b7 ,such date as the ,secretary of ,education may prescribe4 #ajf4 ,requirements applicable to student loan applications 7a7 ,inquiry ,each servicer of a student loan shall inquire of each applicant for a student loan from the servicer if the applicant for the student loan or a cosigner of the student loan has ever served in the uniformed services4 7b7 ,notice of rights and monitoring of status ,for each applicant for a loan who responds to an inquiry by a servicer under subsection 7a7 that the applicant or a cosigner has ever served in the uniformed services1 the servicer shall-- 7#a7 inform the applicant of the rights and protections that may be afforded to the applicant or the cosigner under the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq47 and other applicable provisions of law2 7#b7 make a permanent note of the applicant's or cosigner's service in the uniformed services2 and 7#c7 commence monitoring the status of the applicant or cosigner pursuant to section #ija of the ,servicemembers ,civil ,relief ,act1 as added by section #aja4 #ajg4 ,retention by loan servicers of copies and recordings of communications with members of uniformed services and veterans 7a7 ,retention ,each servicer of a student loan that was issued by or guaranteed by the ,federal ,government shall retain1 for a period of not less than #e years1 a copy or recording1 as applicable1 of each communication between the servicer and a member of the uniformed services or a veteran1 including communications by phone1 ,internet1 or post4 7b7 ,availability ,each servicer of a student loan that was issued by or guaranteed by the ,federal ,government shall make available to the ,secretary of ,education1 the ,secretary of ,defense1 the ,secretary of ,veterans ,affairs1 the ,attorney ,general1 and the ,director of the ,consumer ,financial ,protection ,bureau1 upon request1 the communications copied or recorded under subsection 7a74 #ajh4 ,online tool for evaluation of student loan servicers 7a7 ,in general ,the ,director of the ,consumer ,financial ,protection ,bureau shall establish and make publicly available via the ,internet a database of information that members of the uniformed services and veterans can use to evaluate servicers of student loans of members of the uniformed services or veterans4 7b7 ,contents ,the database required by subsection 7a7 shall include the following3 7#a7 ,complaints concerning1 or reviews regarding1 services provided by servicers described subsection 7a74 7#b7 ,assessments of the compliance of such servicers with the requirements of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq474 7#c7 ,such other information as the ,director considers appropriate to help members of the uniformed services and veterans to evaluate servicers as described in subsection 7a74 #aji4 ,assessment of student loan servicers 7a7 ,in general ,not later than the date that is #c years after the date of the enactment of this ,act1 the ,secretary of ,education and the ,director of the ,consumer ,financial ,protection ,bureau shall each-- 7#a7 complete a statistically valid assessment of each servicer of a student loan of a member of the uniformed services issued by or guaranteed by the ,federal ,government2 7#b7 develop a plan for the oversight of such servicers2 7#c7 develop such recommendations for legislative and administrative actions as the ,secretary and the ,director each consider appropriate2 and 7#d7 submit to the appropriate committees of ,congress a report on-- 7,a7 the assessment conducted under paragraph 7#a72 7,b7 the plan developed under paragraph 7#b72 7,c7 the recommendations developed under paragraph 7#c72 and 7,d7 such other matters as the ,secretary and the ,director each consider appropriate4 7b7 ,elements ,each assessment of a servicer required by subsection 7a77#a7 shall include the following3 7#a7 ,an assessment of the compliance of the servicer with the provisions of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq471 as amended by this ,act4 7#b7 ,an assessment of the satisfaction of members of the uniformed services with the services provided by such servicer with respect to their student loans serviced by the servicer4 7#c7 ,a qualitative evaluation of the customer service provided by the servicer with respect to student loans of members of the uniformed services serviced by the servicer4 7#d7 ,a detailed description of the methodology used to carry out the assessment4 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,veterans' ,affairs and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7#b7 the ,committee on ,veterans' ,affairs and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 #aaj4 ,definitions ,in this title3 7#a7 ,servicer and student loan ,the terms servicer and student loan have the meanings given such terms in section #ija of the ,servicemembers ,civil ,relief ,act1 as added by section #aja of this title4 7#b7 ,uniformed services ,the term uniformed services has the meaning given such term in section #aja7;a7 of title #aj1 ,united ,states ,code4 ,,ii ,enhancement of rights under ,servicemembers ,civil ,relief ,act #bja4 ,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 #cieb7;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 #bjb4 ,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 ,section #cjc7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #ciec7;b77 is amended by striking filed and inserting pending4 #bjc4 ,prohibition on collection of penalties for early prepayment of mortgage ,section #bjc of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cicc7 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 #bjd4 ,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 #djba 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 #cija7;b77 is amended by inserting after the item relating to section #gjf the following new item3 ,sec4 #gjg4 ,professional licenses and certifications4 4 #bje4 ,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 #ciia7 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 #bjf4 ,prohibition on denial of credit because of eligibility for protection ,section #ajh of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #ciai7 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 #bjg4 ,termination of television and ,internet service contracts 7a7 ,in general ,section #cje;,a of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cief7 is amended-- 7#a7 by inserting 1 television1 and ,internet after telephone2 7#b7 in subsection 7b71 by striking or telephone exchange service inserting 1 telephone exchange service1 cable television service1 satellite television service1 or ,internet service after cellular telephone service2 and 7#c7 in subsection 7c71 by inserting for cellular telephone service or telephone exchange service after case of a contract4 7b7 ,clerical amendment ,section #a7;b7 of such ,act is amended by striking the item relating to section #cje;,a and inserting the following new item3 ,sec4 #cje;,a4 ,termination of telephone1 television1 and ,internet service contracts4 4 #bjh4 ,guarantee of residency of dependents of members of uniformed services 7a7 ,in general ,section #gje7;b7 of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #djbe7;b77 is amended-- 7#a7 in the matter before paragraph 7#a71 by striking a person and all that follows through that absence and inserting a dependent of a servicemember who is absent from a ,state because the servicemember is absent from that same ,state in compliance with military orders shall not1 solely by reason of absence1 whether or not accompanying the servicemember2 and 7#b7 in paragraph 7#a71 by striking the person and inserting the dependent4 7b7 ,clerical amendments ,such ,act 7#ej ,u4,s4,c4 #cija et seq47 is amended-- 7#a7 in section #gje 7#ej ,u4,s4,c4 #djbe7-- 7,a7 in the section heading my striking spouses and inserting dependents2 and 7,b7 in the heading for subsection 7b71 by striking ,spouses and inserting ,dependents2 and 7#b7 in the table of sections in section #a 7#ej ,u4,s4,c4 #cija71 by striking the item relating to section #gje and inserting the following new item3 ,sec4 #gje4 ,guarantee of residency for military personnel and dependents of military personnel4 4 ,,iii ,improvements to ,servicemembers ,civil ,relief ,act #cja4 ,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 #cica7;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 #cica7;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 #cjb4 ,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 #ciah7;a77 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 #cjc4 ,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 #djda and #djdb7 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 #cjd4 ,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 #ciec7;a77 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 ,,iv ,enforcement of rights under ,servicemembers ,civil ,relief ,act #dja4 ,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 #ciab7 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 #djb4 ,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 #djda7 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 #bjaf 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 #cija et seq471 regardless of when the violations are alleged to have occurred4 #djc4 ,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 #djda7;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 #cija et seq47 that occur on or after such date4 ,v ,other matters #eja4 ,transfer of definitions of military orders and continental ,united ,states 7a7 ,transfer of definitions ,the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #cija et seq47 is amended by transferring paragraphs 7#a7 and 7#b7 of section #cje7;i7 7#ej ,u4,s4,c4 #ciee7;i77 to the end of section #aja 7#ej ,u4,s4,c4 #ciaa7 and redesignating such paragraphs1 as so transferred1 as paragraphs 7#aj7 and 7#aa74 7b7 ,conforming amendments ,such ,act is further amended-- 7#a7 in section #cje 7#ej ,u4,s4,c4 #ciee71 as amended by subsection 7a71 by striking subsection 7i72 and 7#b7 in section #gje7;a7 7#ej ,u4,s4,c4 #djbe7;a771 in the matter before paragraph 7#a71 by striking or naval4 #ejb4 ,clerical amendments 7a7 ,in general ,the heading for section #cje of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 #ciee7 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 #cija7;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