Chairwoman Herseth Sandlin, distinguished members of the Committee, I am Mrs. Paige Smith, and I am testifying in my position as the Family Readiness Coordinator for Headquarters 142d Fires Brigade and the wife of a recently deployed and returned soldier (SFC Joseph Smith). My testimony today reflects my personal views and does not necessarily reflect the views of the Army, the Department of Defense, or the Administration.  I appreciate the opportunity to appear before you and submit testimony relative to issues pertaining to family Readiness in the Arkansas Army National Guard. 

First,   I would like to address the Servicemembers Civil Relief Act (SCRA)  and the six percent cap on interest rates on pre-mobilization debt for mobilizing Guard members.When my husband's unit deployed, I know first hand that all our soldiers were entitled to have all pre-mobilization debt reduced to a maximum of 6% interest rate.  It has been my experience as the Family Readiness Coordinator that the majority of soldiers involved in this mobilization received the debt relief due to their creditors supporting the war effort and creditors reducing the interest rates.  I know of no instances that a creditor did not reduce our soldier's pre-mobe debt interest rates and for that we are all grateful.  In several state courts, to include Arkansas, incorrectly held that SCRA did not apply to domestic relations.  This left soldiers who were custodial parents in a position of choosing between following military orders and their custodial rights.  This was the exact dilemma that SCRA intended to prevent.  I would like to thank the Committee for their hard work to ensure that our soldiers are not in the position of choosing between their families and their country.  This was one of the most pressing issues of SCRA and should be resolved.

Second, I would like to address "The Family and Medical Leave Act (FMLA) which was  amended on January 28, 2008 to implement new military family leave  provisions. This provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency" before the regulation takes affect. Washington state and California have each passed a Spouse Leave Law in which employers must provide a certain amount (Washington – 15days; California – 10 days) of unpaid leave to spouses of military members who have been notified of an impending call or active duty order, on leave from a deployment or have returned home from deployment. If this law would be passed for all states it would allow military spouses that do not fall under FMLA to have the same rights as those that do.  I would ask your assistance in implementing federal legislation to address this issue that effects the majority of our soldiers during pre-mobilization and post mobilization.    

I would like to conclude my testimony by thanking you the hard work of the Congressional staff in all areas concerning Soldier and Family care issues.  I appreciate this opportunity to testify before this Subcommittee and represent all military spouses and families of the 142d Fires Brigade of the Arkansas Army national guard.