I 

118TH CONGRESS 

1ST SESSION H. R. 5125 

To amend the Servicemembers Civil Relief Act to limit the use of arbitration 

to resolve controversies under the Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2023 

Ms. 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 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 ‘‘End Servicemember 

5 Forced Arbitration Act’’. 


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1 SEC. 2. LIMITATIONS ON METHODS OF DISPUTE RESOLU2 TION UNDER THE SERVICEMEMBERS CIVIL 

3 RELIEF ACT. 

4 (a) LIMITATION ON USE OF ARBITRATION TO RE5 SOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL

6 RELIEF ACT.— 

7 (1) ARBITRATION; WRITTEN CONSENT RE8 QUIREMENT.—Section 102 of the Servicemembers 

9 Civil Relief Act (50 U.S.C. 3912) is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(d) WRITTEN CONSENT REQUIREMENT FOR ARBI12 TRATION.—Notwithstanding any other provision of law, 

13 whenever a contract with a servicemember, or a service14 member and the spouse of the servicemember jointly, pro15 vides for the use of arbitration to resolve a controversy 

16 subject to a provision of this Act and arising out of or 

17 relating to such contract, arbitration may be used to settle 

18 such controversy only if, after such controversy arises, all 

19 parties to such controversy consent in writing to use arbi20 tration to settle such controversy.’’. 

21 (2) APPLICABILITY.—Subsection (d) of such 

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

23 respect to contracts entered into, amended, altered, 

24 modified, renewed, or extended after the date of the 

25 enactment of this Act. 


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1 (b) LIMITATION ON WAIVER OF RIGHTS AND PRO2 TECTIONS UNDER SERVICEMEMBERS CIVIL RELIEF

3 ACT.— 

4 (1) LIMITATION.—Section 107(a) of the 

5 Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) 

6 is amended— 

7 (A) in the second sentence, by inserting 

8 ‘‘and if it is made after a specific dispute has 

9 arisen and the dispute is identified in the waiv10 er’’ after ‘‘to which it applies’’; and 

11 (B) in the third sentence, by inserting 

12 ‘‘and if it is made after a specific dispute has 

13 arisen and the dispute is identified in the waiv14 er’’ after ‘‘period of military service’’. 

15 (2) APPLICABILITY.—The amendment made by 

16 paragraph (1) shall apply with respect to waivers 

17 made on or after the date of the enactment of this 

18 Act. 

19 (c) CLARIFICATION OF PRIVATE RIGHT OF ACTION

20 UNDER SERVICEMEMBERS CIVIL RELIEF ACT.—Section 

21 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 

22 4042(a)) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 inserting ‘‘, notwithstanding any previous agreement 

25 to the contrary,’’ after ‘‘may’’; and 


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1 (2) in paragraph (3), by striking ‘‘, notwith2 standing any previous agreement to the contrary’’. 

Æ 


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