S. 1999Senate113th Congress (2013-2015)In Committee

SCRA Rights Protection Act of 2014

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

February 6, 2014

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SenateIntro Referral

Introduced in Senate

February 6, 2014

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

February 6, 2014

Floor Debate

1 member

What members said about S. 1999 on the floor

1 Democrat

Sen. Jack ReedD-RI · Feb 6, 2014

Mr. President, our Nation has a strong tradition of ensuring that our service members are protected while they serve To keep us safe. As the challenges facing our service members change, we must work to ensure that our laws continue to keep pace. In this regard, I have worked with my colleagues over the years to strengthen the protections for service members and their families under the Servicemember Civil Relief Act, SCRA.

One such effort, the Servicemember Housing Protection Act, which I authored and was recently reported out of the Senate Veterans' Affairs Committee, would enhance protections relating to the housing needs of our service members. I am pleased that these provisions have also been included in legislation the Senate will hopefully soon take up, Senator Sanders's Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act, which I have cosponsored. I urge my colleagues to support this critical legislation.

Today, I am joining Senator Graham in introducing on a bipartisan basis legislation to further enhance SCRA protections. The SCRA Rights Protection Act seeks to protect service members from being forced to accept mandatory arbitration clauses as part of everyday transactions, such as those relating to mortgage origination, automobile leases, and student loans. Often service members sign contracts that include arbitration clauses buried in the fine print, and this eliminates their access to the courts, which can limit their ability to assert their rights and reach a fair resolution. In disputes involving SCRA rights, this bill would make arbitration clauses unenforceable unless all parties consent to arbitration after the dispute arises, and would also ensure that service members retain their right to join with other service members to file a case together as a class.

I urge my colleagues to join us in supporting these improvements to the SCRA that will better protect our military families while the men and women of our Armed Forces protect our Nation.

Sen. Jack ReedD-RI · Feb 6, 2014

I urge my colleagues to join us in supporting these improvements to the SCRA that will better protect our military families while the men and women of our Armed Forces protect our Nation.

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Introduced in SenateIssued February 6, 2014

113th CONGRESS

2d Session

S. 1999

IN THE SENATE OF THE UNITED STATES

February 6, 2014

Mr. Graham (for himself and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend the Servicemembers Civil Relief Act to require the consent of parties to contracts for the use of arbitration to resolve controversies arising under the contracts and subject to provisions of such Act and to preserve the rights of servicemembers to bring class actions under such Act, and for other purposes.

Short title

This Act may be cited as the SCRA Rights Protection Act of 2014.

Election of arbitration to resolve controversies under Servicemembers Civil Relief Act

(a)

In general

Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. App. 512) 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.

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. App. 517(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.

Preservation of right to bring class action under Servicemembers Civil Relief Act

(a)

In general

Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597a(a)) is amended—

(1)

in paragraph (1), by striking and at the end;

(2)

in paragraph (2), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(3)

be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.

(b)

Construction

The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act.