I 

114TH CONGRESS 

1ST SESSION H. R. 4161 

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. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2015 

Mr. JONES (for himself, Mr. GRIFFITH, Mr. MASSIE, and Ms. GABBARD) introduced the following bill; which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘SCRA Rights Protec5 tion Act of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 4161 IH

1 SEC. 2. ELECTION OF ARBITRATION TO RESOLVE CON2 TROVERSIES UNDER SERVICEMEMBERS 

3 CIVIL RELIEF ACT. 

4 (a) IN GENERAL.—Section 102 of the 

5 Servicemembers Civil Relief Act (50 U.S.C. App. 512) is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(d) WRITTEN CONSENT REQUIRED FOR ARBITRA9 TION.—Notwithstanding any other provision of law, when10 ever a contract with a servicemember, or a servicemember 

11 and the servicemember’s spouse jointly, provides for the 

12 use of arbitration to resolve a controversy subject to a pro13 vision of this Act and arising out of or relating to such 

14 contract, arbitration may be used to settle such con15 troversy only if, after such controversy arises, all parties 

16 to such controversy consent in writing to use arbitration 

17 to settle such controversy.’’. 

18 (b) APPLICABILITY.—Subsection (d) of such section, 

19 as added by subsection (a), shall apply with respect to con20 tracts entered into, amended, altered, modified, renewed, 

21 or extended after the date of the enactment of this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 4161 IH

1 SEC. 3. LIMITATION ON WAIVER OF RIGHTS AND PROTEC2 TIONS UNDER SERVICEMEMBERS CIVIL RE3 LIEF ACT. 

4 (a) IN GENERAL.—Section 107(a) of the 

5 Servicemembers Civil Relief Act (50 U.S.C. App. 517(a)) 

6 is amended— 

7 (1) in the second sentence, by inserting ‘‘and if 

8 it is made after a specific dispute has arisen and the 

9 dispute is identified in the waiver’’ after ‘‘to which 

10 it applies’’; and 

11 (2) in the third sentence, by inserting ‘‘and if 

12 it is made after a specific dispute has arisen and the 

13 dispute is identified in the waiver’’ after ‘‘period of 

14 military service’’. 

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall apply with respect to waivers made on 

17 or after the date of the enactment of this Act. 

18 SEC. 4. PRESERVATION OF RIGHT TO BRING CLASS ACTION 

19 UNDER SERVICEMEMBERS CIVIL RELIEF 

20 ACT. 

21 (a) IN GENERAL.—Section 802(a) of the 

22 Servicemembers Civil Relief Act (50 U.S.C. App. 597a(a)) 

23 is amended— 

24 (1) in paragraph (1), by striking ‘‘and’’ at the 

25 end; 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 4161 IH

1 (2) in paragraph (2), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) be a representative party on behalf of 

6 members of a class or be a member of a class, in 

7 accordance with the Federal Rules of Civil Proce8 dure, notwithstanding any previous agreement to the 

9 contrary.’’. 

10 (b) CONSTRUCTION.—The amendments made by sub11 section (a) shall not be construed to imply that a person 

12 aggrieved by a violation of such Act did not have a right 

13 to bring a civil action as a representative party on behalf 

14 of members of a class or be a member of a class in a 

15 civil action before the date of the enactment of this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS