HR5125-118

1. Short title This Act may be cited as the End Servicemember Forced Arbitration Act.

2. Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection: Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember 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. Subsection (d) of such section, as added by paragraph (1), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended— 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 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. The amendment made by paragraph (1) shall apply with respect to waivers made on or after the date of the enactment of this Act. Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended— in the matter preceding paragraph (1), by inserting , notwithstanding any previous agreement to the contrary, after may; and in paragraph (3), by striking , notwithstanding any previous agreement to the contrary. (d)Written consent requirement for arbitrationNotwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember 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..