[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[Senate]
[Pages 4424-4425]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    SERVICEMEMBERS CIVIL RELIEF ACT

  Mr. ROBERTS. Mr. President, I rise today to share with the Senate a 
story that I truly hope is the exception to the rule. It begins last 
year, when a member of one of Kansas's local fire departments was 
called to active duty in Iraq. Certainly, that is no unique happening 
where today in every State people are called to service, whether they 
be in the service or National Guard. This gentleman, Mr. Steven Welter, 
and his wife have worked hard to make a good life for themselves and 
their three children. They live in the small community of Osawatomie, 
KS--it is a very fine community--where they are surrounded by friends 
and family. They recently purchased their first home.
  Well, knowing that with Mr. Welter called to active duty they might 
face some real challenges meeting their mortgage payment, they 
contacted their mortgage provider to make them aware of their situation 
and to seek relief under the Servicemembers Civil Relief Act.
  Now, Congress has long recognized the burden that military duty 
places on soldiers' lives when they are called to active duty. During 
the Civil War, Congress placed a moratorium on civil actions that were 
brought against servicemembers. Today, through the Servicemembers Civil 
Relief Act, Congress provides important rights and legal protections to 
lessen the burden on military servicemembers. A key component of that 
act, initially passed by Congress 40 years ago as the Soldiers' and 
Sailors' Civil Relief Act, is to provide the protection for 
servicemembers whose military service makes it difficult for them to 
meet financial obligations incurred prior to being called up for active 
duty. That seems pretty simple. It does not forgive debt. It does not 
relieve a servicemember of their obligation to meet their financial 
responsibilities.
  Among other protections, the act shields a servicemember or their 
family from eviction or from losing their home. The Welters sought 
relief under the act, requesting that their mortgage company work with 
them to help them meet their financial obligation. However, the 
mortgage company responded by sending notice to Mrs. Keira Welter that 
the company had initiated court proceedings to foreclose on her home. 
You can imagine this lady's distress. Not only is she worried about the 
safety of her husband in Iraq, she is now faced with losing her home, 
with three children, the very scenario the Servicemembers Civil Relief 
Act is designed to prevent.
  Not knowing who to turn to--and she thought pretty hard about it and 
didn't know who to call--she contacted my office and requested our 
assistance. After numerous conversations with her mortgage lender, 
Wells Fargo, I believe we have resolved her situation. I remain 
concerned, however, that those responsible for complying with the 
Servicemembers Civil Relief Act are not fully educated about their 
obligations, and that that problem is nationwide.
  What is particularly appalling about this situation is that the 
mortgage company initially claimed they were unaware of the 
Servicemembers Civil Relief Act, a law that has been on the books for 
40 years. They further claimed that ``they just can't be expected to 
keep up with everything that goes on in Washington.''

[[Page 4425]]

  I can appreciate that last sentiment on a lot of different fronts. 
But ignorance is no excuse. Every financial institution has a 
compliance officer whose job it is is to ensure that financial 
institutions comply with laws and the regulations. Lord knows, I often 
hear from our financial institutions, banks, savings and loans, and 
others, about the regulatory burden our Government does place on them. 
Not only do they have to read all of the paperwork and the burdens and 
regulations; I think they have to weigh them. I appreciate those 
concerns, especially in the small banking community. I once spent an 
entire day in my hometown bank in Dodge City learning the ins and outs 
of what a compliance officer does. She described her job as being a 
``bad news bear.'' She had to go to loan officers and say, whoops, here 
is another regulation you have to put up with. I know that is not an 
easy task.
  However, today's example of egregious disregard for a 40-year-old 
law, and one we amended 2 years ago to provide additional protection to 
our military men and women, is simply unacceptable.
  Let me be clear. I know our Nation's financial institutions do 
support our men and women in uniform. That is a given. I am also 
confident that they understand their obligation and responsibility to 
comply with this act, and that most do so. In Kansas, I know many 
financial service providers, and they all know that the Servicemembers 
Civil Relief Act is not only the law, but it is the morally right thing 
to do. They live in the same town. They attend the same church. They 
share the military family's concerns when somebody from their hometown 
is called to active duty, and they are so rightfully proud when they 
come home.
  I also want to be clear it is not only financial institutions that 
are responsible for complying with this act. Landlords and other 
creditors also have certain obligations in this regard as well. I 
recognize that with many service members called to active duty, raising 
awareness of the requirements of the Servicemembers Civil Relief Act is 
necessary. We need a lot more education. Congress should encourage 
anybody who is working with a service-member called to active duty, or 
that servicemember's family, to make sure they are aware of their 
obligation under this act.
  Let me also take this opportunity to commend the efforts of many 
organizations who are working with the military families on base, 
veterans organizations, support organizations, and others, to ensure 
they receive the protections that are provided for under this act, and 
to provide other assistance to families of our servicemembers. That is 
a real win-win story all across this Nation.
  I recently learned from a member of the VFW, who works with military 
families, who stressed that ``education about the protections that are 
provided under the act is key.'' Too many military families have 
experienced instances where a landlord, unaware of this act, sought to 
evict the family while the soldier was on active duty. That is 
egregious.
  I am calling on the Office of the Comptroller of the Currency, the 
OCC. I hope they can see their way clear as to what they should be 
doing in this regard, and others who have responsibility for enforcing 
this act--by the way, the acronym is SCRA--to strengthen their 
enforcement in education of this important law. Any military family who 
has a mortgage with a national bank and who needs relief under this act 
can contact the OCC's consumer assistance group if they have difficulty 
with their bank. That number is 1-800-613-6743. Right off the bat, I 
can suggest that they need an easier number to remember. I feel as 
though I am on television trying to sell something here--and I am. It 
is education for our service members. Again, the number is 1-800-613-
6743.
  I am also going to visit with my colleagues on the Veterans 
Committee, the Banking Committee, Armed Services Committee, upon which 
I serve, and all who have jurisdiction under this act, and ask them to 
review what Congress can do to ensure that this situation doesn't 
happen to other military families.
  So today I share this story to reassure our military men and women in 
uniform that we will make certain the protections provided in the 
Servicemembers Civil Relief Act are enforced. This act is intended to 
ensure that when a wage earner is called to active duty, their family 
has financial security and other protections provided for in the act 
while they are deployed. It means a soldier fighting in Iraq can better 
focus on his or her mission, without the added stress of wondering if 
their family is financially secure at home. We owe nothing less to our 
men and women in uniform who answer the call to duty.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Isakson). The Senator from Alaska is 
recognized.
  Mr. STEVENS. Mr. President, I ask unanimous consent that I be 
permitted to speak for up to 30 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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