An amendment numbered 10 printed in Part C of House Report 117-125 to prohibit the enforcement of forced arbitration clauses in contracts covered by the Servicemembers Civil Relief Act.
What it does: Adds SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT at the end of title LXWhat it changes
1 change to H.R. 4350
We couldn't match these changes to the text of H.R. 4350, so they're shown as written.
Adds SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT at the end of title LX
Adds a sectionInserted: SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: (a) In General.--Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection:
Inserted: "(d) Written Consent Required for Arbitration.--Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember's spouse 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.".
Inserted: (b) Applicability.--Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
Inserted: SEC. 60___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: (a) In General.--Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended--
Inserted: (1) 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
Inserted: (2) 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".
Inserted: (b) Applicability.--The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.
Inserted: SEC. 60___. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Inserted: Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended--
Inserted: (1) in the matter preceding paragraph (1), by inserting ", notwithstanding any previous agreement to the contrary," after "may"; and
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Inserted: (2) in paragraph (3), by striking ", notwithstanding any previous agreement to the contrary".
Original wording
At the end of title LX, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the end of title LX, insert the following:
SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--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 Required for Arbitration.--Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember's spouse 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.”.
(b) Applicability.--Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
SEC. 60___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended--
(1) 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
(2) 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”.
(b) Applicability.--The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.
SEC. 60___. 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”.
Legislative Activity
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House amendment offered/reported by: Amendment (A005) offered by Mr. Cicilline.
September 21, 2021 • 10:47 PM
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House amendment offered/reported by: Amendment (A005) offered by Mr. Cicilline.
September 21, 2021 • 10:47 PM
Amendment agreed to by House: On agreeing to the Cicilline amendment (A005) Agreed to by voice vote.
September 21, 2021 • 10:57 PM
House amendment agreed to: On agreeing to the Cicilline amendment (A005) Agreed to by voice vote.
September 21, 2021 • 10:57 PM
House amendment offered
September 21, 2021
Amendment (A005) offered by Mr. Cicilline. (consideration: CR H4815-4816; text: CR H4815)
September 21, 2021 • 10:47 PM
The previous question was ordered on the amendment (A005) pursuant to the rule.
September 21, 2021 • 10:56 PM
On agreeing to the Cicilline amendment (A005) Agreed to by voice vote.
September 21, 2021 • 10:57 PM