II 

113TH CONGRESS 

1ST SESSION S. 1579 

To amend the Servicemembers Civil Relief Act to improve the protections 

provided to members of the uniformed services and their families, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2013 

Mr. SANDERS (for himself and Mr. ROCKEFELLER) 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 improve 

the protections provided to members of the uniformed 

services and their families, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘SCRA Enhancement and Improvement Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ENHANCEMENT OF RIGHTS UNDER SERVICEMEMBERS 

CIVIL RELIEF ACT 


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Sec. 101. Extended period of protection under installment contracts for purchase or lease. 

Sec. 102. 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. 

Sec. 103. Prohibition on collection of penalties for early prepayment of mortgage. 

Sec. 104. Protections for members of uniformed services regarding professional 

licenses. 

Sec. 105. Expansion of protections for members of uniformed services regarding taxes respecting real property occupied by businesses 

owned by such members. 

Sec. 106. Prohibition on denial of credit because of eligibility for protection. 

TITLE II—IMPROVEMENTS TO SERVICEMEMBERS CIVIL RELIEF 

ACT 

Sec. 201. Improved protection of members of uniformed services against default 

judgments. 

Sec. 202. Modification of period in which a waiver of a right pursuant to a 

written agreement may be made under Servicemembers Civil 

Relief Act. 

Sec. 203. Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers 

Civil Relief Act. 

Sec. 204. 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. 

TITLE III—ENFORCEMENT OF RIGHTS UNDER SERVICEMEMBERS 

CIVIL RELIEF ACT 

Sec. 301. Election of arbitration to resolve controversies under Servicemembers 

Civil Relief Act. 

Sec. 302. Issuance and service of civil investigative demands by Attorney General under Servicemembers Civil Relief Act. 

Sec. 303. Increase in civil penalties for violation of Servicemembers Civil Relief 

Act. 

TITLE IV—OTHER MATTERS 

Sec. 401. Clerical amendments. 


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1 TITLE I—ENHANCEMENT OF 

2 RIGHTS UNDER SERVICE3 MEMBERS CIVIL RELIEF ACT 

4 SEC. 101. EXTENDED PERIOD OF PROTECTION UNDER IN5 STALLMENT CONTRACTS FOR PURCHASE OR 

6 LEASE. 

7 Section 302(a)(1) of the Servicemembers Civil Relief 

8 Act (50 U.S.C. App. 532(a)(1)) is amended, in the matter 

9 following subparagraph (B), by striking ‘‘or during that 

10 person’s military service’’ and inserting ‘‘, during, or with11 in one year after such servicemember’s period of military 

12 service’’. 

13 SEC. 102. MODIFICATION OF PERIOD DETERMINING WHICH 

14 ACTIONS ARE COVERED UNDER STAY OF 

15 PROCEEDINGS AND ADJUSTMENT OF OBLI16 GATION PROTECTIONS CONCERNING MORT17 GAGES AND TRUST DEEDS OF MEMBERS OF 

18 UNIFORMED SERVICES. 

19 (a) IN GENERAL.—Section 303(b) of the 

20 Servicemembers Civil Relief Act (50 U.S.C. App. 533(b)) 

21 is amended by striking ‘‘filed’’ and inserting ‘‘pending’’. 

22 (b) CONFORMING AMENDMENTS.—Section 710(d) of 

23 the Honoring America’s Veterans and Caring for Camp 

24 Lejeune Families Act of 2012 (Public Law 112–154; 126 

25 Stat. 1208) is amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following new paragraph (1): 

3 ‘‘(1) SUNSET AND REVIVAL.— 

4 ‘‘(A) IN GENERAL.—Subsections (b) and 

5 (c) of section 303 of the Servicemembers Civil 

6 Relief Act (50 U.S.C. App. 533), as amended 

7 by subsections (a) and (b) of this section, are 

8 amended by striking ‘within one year’ each 

9 place it appears and inserting ‘within 90 days’. 

10 ‘‘(B) EFFECTIVE DATE.—The amendments 

11 made by subparagraph (A) shall take effect on 

12 January 1, 2015.’’; and 

13 (2) by striking paragraph (3). 

14 SEC. 103. PROHIBITION ON COLLECTION OF PENALTIES 

15 FOR EARLY PREPAYMENT OF MORTGAGE. 

16 Section 203 of the Servicemembers Civil Relief Act 

17 (50 U.S.C. App. 523) is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(c) PROHIBITION ON PREPAYMENT PENALTIES FOR

20 CERTAIN MORTGAGES.— 

21 ‘‘(1) IN GENERAL.—When a servicemember dis22 charges an obligation arising under a mortgage con23 tract and would otherwise thereby incur a prepay24 ment penalty, such penalty shall not accrue if— 


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1 ‘‘(A) the servicemember is in military serv2 ice at the time the prepayment penalty is in3 curred; and 

4 ‘‘(B) the reason the servicemember dis5 charges the obligation, thereby incurring the 

6 penalty, is materially affected by such military 

7 service. 

8 ‘‘(2) MATERIALLY AFFECTING MILITARY SERV9 ICE.—For purposes of paragraph (1)(B), the re10 quirement that the reason a servicemember dis11 charged a mortgage obligation, thereby incurring a 

12 prepayment penalty, be materially affected by mili13 tary services requires— 

14 ‘‘(A) that the mortgage be secured by the 

15 servicemember’s primary residence; and 

16 ‘‘(B) that the servicemember receive per17 manent change of station orders. 

18 ‘‘(3) RELIEF, COSTS, AND ATTORNEY FEES.— 

19 An assessment of a penalty in violation of this sub20 section shall be considered a violation of this Act for 

21 purposes of title VIII.’’. 


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1 SEC. 104. PROTECTIONS FOR MEMBERS OF UNIFORMED 

2 SERVICES REGARDING PROFESSIONAL LI3 CENSES. 

4 (a) IN GENERAL.—Title VII of the Servicemembers 

5 Civil Relief Act (50 U.S.C. App. 701 et seq.) is amended 

6 by adding at the end the following new section: 

7 ‘‘SEC. 707. PROFESSIONAL LICENSES. 

8 ‘‘(a) EXPIRATION DURING PERIOD IN WHICH

9 SERVICEMEMBERS ARE ELIGIBLE FOR HOSTILE FIRE OR

10 IMMINENT DANGER SPECIAL PAY.—If a license issued by 

11 a State or local licensing authority to a servicemember 

12 would otherwise expire during a period in which such serv13 icemember is eligible for hostile fire or imminent danger 

14 special pay under section 310 of title 37, United States 

15 Code, such State or local licensing authority shall delay 

16 the expiration of such license until not earlier than the 

17 date that is 180 days after the date on which such period 

18 of eligibility ends. 

19 ‘‘(b) CONTINUING EDUCATION REQUIREMENTS DUR20 ING PERIOD IN WHICH SERVICEMEMBERS ARE ELIGIBLE

21 FOR HOSTILE FIRE OR IMMINENT DANGER SPECIAL

22 PAY.—If a State or local licensing authority otherwise re23 quires a servicemember to meet any continuing education 

24 requirements to maintain a license for a trade or profes25 sion during a period in which such servicemember is eligi26 ble for hostile fire or imminent danger special pay under 


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1 section 310 of title 37, United States Code, such State 

2 or local licensing authority shall delay such continuing 

3 education requirement until not earlier than the date that 

4 is 180 days after the date on which such period of eligi5 bility ends.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of such Act (50 U.S.C. App. 501(b)) is 

8 amended by inserting after the item relating to section 

9 706 the following new item: 

‘‘Sec. 707. Professional licenses and certifications.’’. 

10 SEC. 105. EXPANSION OF PROTECTIONS FOR MEMBERS OF 

11 UNIFORMED SERVICES REGARDING TAXES 

12 RESPECTING REAL PROPERTY OCCUPIED BY 

13 BUSINESSES OWNED BY SUCH MEMBERS. 

14 (a) IN GENERAL.—Subsection (a)(2) of section 501 

15 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

16 561) is amended by striking the matter before subpara17 graph (A) and inserting the following: 

18 ‘‘(2) real property occupied for dwelling, profes19 sional, trade, business, or agricultural purposes by a 

20 servicemember, the servicemember’s dependents or 

21 employees, or a business which (without regard to 

22 the form in which such profession, trade, business, 

23 or agricultural operation is organized or carried out) 

24 is owned entirely by a servicemember or by a service25 member and the spouse of the servicemember—’’. 


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1 (b) NOTICE.—Such section is further amended by 

2 adding at the end the following new subsection: 

3 ‘‘(f) WRITTEN NOTICE TO TAXING AUTHORITIES.— 

4 In order for real property owned by a business which is 

5 owned entirely by a servicemember or by a servicemember 

6 and the spouse of the servicemember to be subject to the 

7 protections provided in this section, the servicemember 

8 shall provide to the applicable taxing authority written no9 tice and a copy of the military orders calling the service10 member to military service and any orders further extend11 ing military service, not later than 180 days after the date 

12 of the servicemember’s termination or release from mili13 tary service.’’. 

14 SEC. 106. PROHIBITION ON DENIAL OF CREDIT BECAUSE 

15 OF ELIGIBILITY FOR PROTECTION. 

16 Section 108 of the Servicemembers Civil Relief Act 

17 (50 U.S.C. App. 518) is amended— 

18 (1) by striking ‘‘Application by’’ and inserting 

19 ‘‘(a) APPLICATION OR RECEIPT.—Application by’’; 

20 and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(b) ELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.—In addition to the protec25 tions under subsection (a), an individual who is entiVerDate Mar 15 2010 00:21 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1579.IS S1579

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1 tled to any right or protection provided under this 

2 Act may not be denied or refused credit or be sub3 ject to any other action described under paragraphs 

4 (1) through (6) of subsection (a) solely by reason of 

5 such entitlement. 

6 ‘‘(2) CONSTRUCTION.—Nothing in this sub7 section shall be construed to prohibit a lender from 

8 considering all relevant factors, other than the enti9 tlement of an individual to a right or protection pro10 vided under this Act, in making a determination as 

11 to whether it is appropriate to extend credit.’’. 

12 TITLE II—IMPROVEMENTS TO 

13 SERVICEMEMBERS CIVIL RE14 LIEF ACT 

15 SEC. 201. IMPROVED PROTECTION OF MEMBERS OF UNI16 FORMED SERVICES AGAINST DEFAULT JUDG17 MENTS. 

18 (a) MODIFICATION OF PLAINTIFF AFFIDAVIT FILING

19 REQUIREMENT.— 

20 (1) IN GENERAL.—Paragraph (1) of section 

21 201(b) of the Servicemembers Civil Relief Act (50 

22 U.S.C. App. 521(b)) is amended— 

23 (A) by redesignating subparagraphs (A) 

24 and (B) as clauses (i) and (ii), respectively, and 

25 indenting such clauses two ems to the right; 


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1 (B) in the matter before clause (i), as re2 designated by subparagraph (A), by striking 

3 ‘‘In any’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—In any’’; and 

5 (C) by adding at the end the following new 

6 subparagraph (B): 

7 ‘‘(B) DUE DILIGENCE.—Before filing the 

8 affidavit, the plaintiff shall conduct a diligent 

9 and reasonable investigation to determine 

10 whether or not the defendant is in military 

11 service, including a search of available records 

12 of the Department of Defense and any other in13 formation reasonably available to the plaintiff. 

14 The affidavit shall set forth all steps taken to 

15 determine the defendant’s military status and 

16 shall have attached copies of the records on 

17 which the plaintiff relied in drafting the affi18 davit.’’. 

19 (2) APPLICABILITY.—Paragraph (1)(B) of such 

20 section, as added by paragraph (1), shall apply with 

21 respect to actions and proceedings filed on or after 

22 the date of the enactment of this Act. 

23 (b) APPOINTMENT OF ATTORNEY TO REPRESENT

24 DEFENDANT IN MILITARY SERVICE.—Paragraph (2) of 

25 such section (50 U.S.C. App. 521(b)) is amended— 


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1 (1) by striking ‘‘If in an action’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—If in an action’’; 

4 (2) in subparagraph (A), as designated by para5 graph (1), by striking ‘‘If an attorney’’ and inserting 

6 the following: 

7 ‘‘(C) LIMITATIONS ON APPOINTED ATTOR8 NEY.—If an attorney’’; 

9 (3) by inserting after subparagraph (A), as des10 ignated by paragraph (1), the following new sub11 paragraph: 

12 ‘‘(B) DUE DILIGENCE.—If the court ap13 points an attorney to represent the defendant— 

14 ‘‘(i) the attorney shall conduct a dili15 gent and reasonable investigation to deter16 mine whether or not the defendant is in 

17 military service, including a search of 

18 available records of the Department of De19 fense and any other information reasonably 

20 available to the attorney; and 

21 ‘‘(ii) the plaintiff shall submit to the 

22 attorney such information as the plaintiff 

23 may have concerning the whereabouts or 

24 identity of the defendant.’’; and 


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1 (4) by adding at the end the following new sub2 paragraph: 

3 ‘‘(D) TREATMENT OF ATTORNEYS FEES.— 

4 The reasonable fees of an attorney appointed to 

5 represent a servicemember shall be treated as 

6 costs of court for court cost purposes, unless 

7 the creditor seeks relief from such charges from 

8 the court.’’. 

9 SEC. 202. MODIFICATION OF PERIOD IN WHICH A WAIVER 

10 OF A RIGHT PURSUANT TO A WRITTEN 

11 AGREEMENT MAY BE MADE UNDER SERVICE12 MEMBERS CIVIL RELIEF ACT. 

13 Section 107(a) of the Servicemembers Civil Relief Act 

14 (50 U.S.C. App. 517) is amended in the third sentence 

15 by striking ‘‘during or after the servicemember’s period 

16 of military service’’ and inserting ‘‘after the occurrence of 

17 the event that gave rise to the rights or protections to be 

18 waived’’. 

19 SEC. 203. CLARIFICATION REGARDING APPLICATION OF 

20 ENFORCEMENT AUTHORITY OF ATTORNEY 

21 GENERAL AND PRIVATE RIGHT OF ACTION 

22 UNDER SERVICEMEMBERS CIVIL RELIEF 

23 ACT. 

24 Sections 801 and 802 of the Servicemembers Civil 

25 Relief Act (50 U.S.C. App. 597 and 597a) shall apply as 


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1 if such sections were included in the enactment of the Sol2 diers’ and Sailors’ Civil Relief Act of 1940 (54 Stat. 1178, 

3 chapter 888) and included in the restatement of such Act 

4 in Public Law 108–189. 

5 SEC. 204. EXPANSION OF PROTECTIONS RELATING TO 

6 MORTGAGES TO INCLUDE OBLIGATIONS ON 

7 REAL OR PERSONAL PROPERTY FOR WHICH 

8 A SERVICEMEMBER IS PERSONALLY LIABLE 

9 AS A GUARANTOR OR CO-MAKER. 

10 Section 303(a) of the Servicemembers Civil Relief Act 

11 (50 U.S.C. App. 533) is amended, in the matter before 

12 paragraph (1), by inserting ‘‘or an obligation on real or 

13 personal property for which a servicemember is personally 

14 liable as a guarantor or co-maker’’ after ‘‘by a service15 member’’. 

16 TITLE III—ENFORCEMENT OF 

17 RIGHTS UNDER SERVICE18 MEMBERS CIVIL RELIEF ACT 

19 SEC. 301. ELECTION OF ARBITRATION TO RESOLVE CON20 TROVERSIES UNDER SERVICEMEMBERS 

21 CIVIL RELIEF ACT. 

22 (a) IN GENERAL.—Section 102 of the Servicemem23 bers Civil Relief Act (50 U.S.C. App. 512) is amended 

24 by adding at the end the following new subsection: 

25 ‘‘(d) ELECTION OF ARBITRATION.— 


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1 ‘‘(1) CONSENT REQUIRED.—Notwithstanding 

2 any other provision of law, whenever a contract with 

3 a servicemember provides for the use of arbitration 

4 to resolve a controversy subject to a provision of this 

5 Act and arising out of or relating to such contract, 

6 arbitration may be used to settle such controversy 

7 only if, after such controversy arises, all parties to 

8 such controversy consent in writing to use arbitra9 tion to settle such controversy. 

10 ‘‘(2) EXPLANATION REQUIRED.—Notwithstand11 ing any other provision of law, whenever arbitration 

12 is elected to settle a dispute pursuant to paragraph 

13 (1), the arbitrator shall provide the parties to such 

14 contract with a written explanation of the factual 

15 and legal basis for any decision made by the arbi16 trator in the course of such arbitration.’’. 

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

18 as added by subsection (a), shall apply with respect to con19 tracts entered into, amended, altered, modified, renewed, 

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


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1 SEC. 302. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 

2 DEMANDS BY ATTORNEY GENERAL UNDER 

3 SERVICEMEMBERS CIVIL RELIEF ACT. 

4 (a) IN GENERAL.—Section 801 of the Servicemem5 bers Civil Relief Act (50 U.S.C. App. 597) is amended 

6 by adding at the end the following: 

7 ‘‘(d) ISSUANCE AND SERVICE OF CIVIL INVESTIGA8 TIVE DEMANDS.— 

9 ‘‘(1) IN GENERAL.—Whenever the Attorney 

10 General has reason to believe that any person may 

11 be in possession, custody, or control of any docu12 mentary material relevant to an investigation under 

13 this Act, the Attorney General may, before com14 mencing a civil action under subsection (a), issue in 

15 writing and serve upon such person, a civil investiga16 tive demand requiring— 

17 ‘‘(A) the production of such documentary 

18 material for inspection and copying; 

19 ‘‘(B) that the custodian of such documen20 tary material answer in writing written ques21 tions with respect to such documentary mate22 rial; or 

23 ‘‘(C) the production of any combination of 

24 such documentary material or answers. 

25 ‘‘(2) FALSE CLAIMS.—The provisions of section 

26 3733 of title 31, United States Code, governing the 


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1 authority to issue, use, and enforce civil investigative 

2 demands shall apply with respect to the authority to 

3 issue, use, and enforce civil investigative demands 

4 under this section, except that, for purposes of ap5 plying such section 3733— 

6 ‘‘(A) references to false claims law inves7 tigators or investigations shall be considered 

8 references to investigators or investigations 

9 under this Act; 

10 ‘‘(B) references to interrogatories shall be 

11 considered references to written questions, and 

12 answers to such need not be under oath; 

13 ‘‘(C) the definitions relating to ‘false 

14 claims law’ shall not apply; and 

15 ‘‘(D) provisions relating to qui tam rela16 tors shall not apply. 

17 ‘‘(3) ANNUAL REPORT.— 

18 ‘‘(A) IN GENERAL.—Not later than one 

19 year after the date of the enactment of the 

20 SCRA Enhancement and Improvement Act of 

21 2013 and not less frequently than once each 

22 year thereafter, the Attorney General shall sub23 mit to the Committee on Veterans’ Affairs of 

24 the Senate and the Committee on Veterans’ Af25 fairs of the House of Representatives a report 


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1 on the issuance of civil investigative demands 

2 under this subsection during the previous one3 year period. 

4 ‘‘(B) ELEMENTS.—Each report submitted 

5 under subparagraph (A) shall include the fol6 lowing for the year covered by the report: 

7 ‘‘(i) The number of times that a civil 

8 investigative demand was issued under this 

9 subsection. 

10 ‘‘(ii) For each civil investigative de11 mand issued under this subsection with re12 spect to an investigation, whether such in13 vestigation resulted in a settlement or con14 viction.’’. 

15 (b) EFFECTIVE DATE.—Subsection (d) of such sec16 tion, as added by subsection (a), shall take effect on the 

17 date of the enactment of this Act and shall apply with 

18 respect to all violations of the Servicemembers Civil Relief 

19 Act (50 U.S.C. App. 501 et seq.), regardless of when the 

20 violations are alleged to have occurred. 

21 SEC. 303. INCREASE IN CIVIL PENALTIES FOR VIOLATION 

22 OF SERVICEMEMBERS CIVIL RELIEF ACT. 

23 (a) IN GENERAL.—Section 801(b)(3) of the 

24 Servicemembers Civil Relief Act (50 U.S.C. App. 

25 597(b)(3)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘$55,000’’ 

2 and inserting ‘‘$110,000’’; and 

3 (2) in subparagraph (B), by striking 

4 ‘‘$110,000’’ and inserting ‘‘$220,000’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date that is 180 

7 days after the date of the enactment of this Act and shall 

8 apply with respect to violations of the Servicemembers 

9 Civil Relief Act (50 U.S.C. App. 501 et seq.) that occur 

10 on or after such date. 

11 TITLE IV—OTHER MATTERS 

12 SEC. 401. CLERICAL AMENDMENTS. 

13 (a) IN GENERAL.—The heading for section 305 of 

14 the Servicemembers Civil Relief Act (50 U.S.C. App. 535) 

15 is amended by striking ‘‘RESIDENTIAL OR MOTOR VE16 HICLE LEASES’’ and inserting ‘‘LEASES OF PREMISES

17 OCCUPIED AND MOTOR VEHICLES USED’’. 

18 (b) TABLE OF CONTENTS.—The table of contents in 

19 section 1(b) of such Act (50 U.S.C. App. 501(b)) is 

20 amended by striking the item relating to section 305 and 

21 inserting the following new item: 

‘‘Sec. 305. Termination of leases of premises occupied and motor vehicles 

used.’’. 

Æ 


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