[Congressional Record Volume 158, Number 69 (Tuesday, May 15, 2012)]
[Senate]
[Pages S3175-S3176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself, Mr. Durbin, Mr. Whitehouse, Mr. Brown 
        of Ohio, and Mr. Begich):
  S. 3179. A bill to amend the Servicemembers Civil Relief Act to 
enhance the protections accorded to servicemembers and their spouses 
with respect to mortgages, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. REED. Mr. President, today I introduce the Servicemember Housing 
Protection Act, and I thank Senators Durbin, Sherrod Brown, Whitehouse, 
and Begich for joining me as original cosponsors of this bill.
  In 1940, as World War II escalated across the globe, Congress enacted 
the Soldiers' and Sailors' Civil Relief Act ``to protect those who have 
been obliged to drop their own affairs to take up the burdens of the 
nation.'' In 2003, Congress passed a new version of this law to reflect 
the new challenges of post-9/11 service and renamed it the 
Servicemembers Civil Relief Act, SCRA. In 2010, in order to address the 
country's high foreclosure rates and their impact on servicemembers, 
Congress further amended this law to enhance foreclosure protections.
  Also in 2010, when it became evident that military families needed an 
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to serve as a watchdog, provide education, and help monitor and respond 
to concerns, questions, and complaints about consumer financial 
products and services, I led the bipartisan effort during the Dodd-
Frank act debate to create a new Office of Servicemember Affairs within 
the Consumer Financial Protection Bureau, CFPB.
  Our country has a strong tradition of ensuring that the laws that 
protect our servicemembers keep pace with the challenges that they 
face. The Servicemember Housing Protection Act seeks to address one 
such continuing challenge helping servicemembers with their housing 
needs so they can maintain a focus on the difficult task of protecting 
our country.
  First, our bill would make it easier for servicemembers to submit 
their military orders to creditors and get their affairs in order prior 
to deployment. Currently, creditors require a copy of military orders 
in order to trigger SCRA protections. However, these orders are often 
not cut until just before deployment or once the servicemember is 
already deployed. Redefining military orders as either official orders 
or a letter from the servicemember's commanding officer would further 
ensure that a servicemember has more time to prepare for deployment and 
promptly receives SCRA protections, including the interest rate 
limitation of six percent on qualifying mortgages.
  Second, this bill would extend foreclosure protections to surviving 
spouses. Currently, servicemembers have a 9-month window of foreclosure 
protection following service, to provide time to reacclimate to 
civilian life and get affairs back in order. Our bill extends this 
nine-month window of foreclosure protection to a surviving spouse. 
After suffering such an unspeakable loss, a military spouse should not 
have the additional burden of dealing with immediate foreclosure.
  Lastly, this bill would help facilitate the transition from off-base 
to on-base housing. Due to the shortage of on-base military housing, 
many servicemembers temporarily find off-base housing until on-base 
housing becomes available. When a servicemember on a waiting list is 
given the chance to move into on-base housing, he or she is sometimes 
unable to terminate his or her off-base housing lease. Including an 
order to move from off-base to on-base housing as additional grounds 
for lease termination would allow servicemembers and their families the 
opportunity to move into the military housing community. We should 
extend this opportunity, which already is law in several states, such 
as Florida, Georgia, and Virginia, to servicemembers serving at any of 
our military bases.
  While the men and women of our Armed Forces are protecting our nation 
overseas, we should do everything possible to protect their families 
and homes. I urge my colleagues to join Senators Durbin, Sherrod Brown, 
Whitehouse, Begich, and me, as well as the Military Officers 
Association of America, in supporting this bill and taking these next 
steps to add protections for our military families.

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