H.R. 5125 — Introduced in House

I 118th CONGRESS 1st Session H. R. 5125 IN THE HOUSE OF REPRESENTATIVES August 1, 2023Ms. Porter introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend the Servicemembers Civil Relief Act to limit the use of arbitration to resolve controversies under the Act, and for other purposes. 1. Short title This Act may be cited as the End Servicemember Forced Arbitration Act. 2. Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act (a) Limitation on use of arbitration To resolve controversies under Servicemembers Civil Relief Act (1) Arbitration; written consent requirement Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection: (d) Written consent requirement for arbitration Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember jointly, 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 contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy. . (2) Applicability Subsection (d) of such section, as added by paragraph (1), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. (b) Limitation on waiver of rights and protections under Servicemembers Civil Relief Act (1) Limitation Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended— (A) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after to which it applies; and (B) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after period of military service. (2) Applicability The amendment made by paragraph (1) shall apply with respect to waivers made on or after the date of the enactment of this Act. (c) Clarification of private right of action under Servicemembers Civil Relief Act Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended— (1) in the matter preceding paragraph (1), by inserting , notwithstanding any previous agreement to the contrary, after may; and (2) in paragraph (3), by striking , notwithstanding any previous agreement to the contrary.