[Congressional Record Volume 165, Number 124 (Tuesday, July 23, 2019)]
[House]
[Pages H7216-H7217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NATIONAL GUARD AND RESERVISTS DEBT RELIEF EXTENSION ACT OF 2019

  Mr. CICILLINE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3304) to exempt for an additional 4-year period, from the 
application of the means-test presumption of abuse under chapter 7, 
qualifying members of reserve components of the Armed Forces and 
members of the National Guard who, after September 11, 2001, are called 
to active duty or to perform a homeland defense activity for not less 
than 90 days, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3304

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Guard and 
     Reservists Debt Relief Extension Act of 2019''.

     SEC. 2. NATIONAL GUARD AND RESERVISTS DEBT RELIEF AMENDMENT.

       Section 4(b) of the National Guard and Reservists Debt 
     Relief Act of 2008 (Public Law 110-438; 122 Stat. 5000) is 
     amended by striking ``11-year'' and inserting ``15-year''.

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Rhode Island (Mr. Cicilline) and the gentleman from Virginia (Mr. 
Cline) each will control 20 minutes.
  The Chair recognizes the gentleman from Rhode Island.


                             General Leave

  Mr. CICILLINE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Rhode Island?
  There was no objection.

[[Page H7217]]

  

  Mr. CICILLINE. Mr. Speaker, I yield myself such time as I may 
consume.
  Under current law, National Guard members and reservists who serve on 
active duty are, like other active-duty servicemembers, exempt from the 
Bankruptcy Code's means test, which determines whether a debtor's 
income is too high to have all of his or her debts erased in 
bankruptcy.
  Unless otherwise exempted, servicemembers and veterans must complete 
the required forms and submit the specified paperwork to satisfy the 
Bankruptcy Code's means test.
  This requirement even applies to servicemembers who have returned to 
the United States from active service and, thus, no longer receive 
combat pay. Under the means test, a servicemember must calculate his or 
her income based on the average monthly income that he or she received 
during the six months preceding the filing date of the bankruptcy case, 
rather than the debtor's actual income, which may be less because of 
the debtor's noncombat status.
  H.R. 3304, the National Guard and Reservists Debt Relief Extension 
Act of 2019 responds to this concern. This legislation would extend for 
4 years the temporary authorization exempting certain qualifying 
reserve component members of the Armed Services and National Guard 
members from the Bankruptcy Code's means test.
  This critical protection for National Guard members and reservists 
must be extended before it expires at the end of the year. H.R. 3304 
was unanimously passed out of the Judiciary Committee by voice vote.
  I urge my colleagues to support this bipartisan legislation, and I 
reserve the balance of my time.
  Mr. CLINE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of the bill and I want to thank the gentleman from 
Rhode Island (Mr. Cicilline) and the gentleman from Tennessee (Mr. 
Cohen), the sponsor, for his support of this important legislation 
which would provide National Guard members, Armed Services reservists, 
and their families continued flexibility to qualify for greater debt 
relief in bankruptcy.
  I reserve the balance of my time.
  Mr. CICILLINE. Mr. Speaker, I yield 1 minute to the gentleman from 
Tennessee (Mr. Cohen), the sponsor of the bill.
  Mr. COHEN. Mr. Speaker, this is an important bill for reservists and 
National Guardsmen who protect our country in times of war. We are in 
the longest war of our Nation's history.
  The bankruptcy bill of 2005 was a bad bill that made it more 
difficult for people to claim bankruptcy; hurt guardsmen and reservists 
whose bases are oftentimes surrounded by payday lenders, and they 
become subject to large loans in difficult times while in service, 
having to even file bankruptcy, let alone, respond to debts that they 
incur on behalf of the American people.
  But I want to thank Mr. Cline, a great American, and supporter of 
reservists and people serving our country, our National Guard and 
reservists. For being a cosponsor, Representative Madeleine Dean of 
Pennsylvania, and Tim Burchett, an outstanding Tennessean and a 
volunteer for joining me in reintroducing this bill.
  I would like to thank all the National Guard and reservists who 
protect us, both here and abroad.
  I ask for unanimous passage.
  Mr. CLINE. Mr. Speaker, I urge my colleagues to support this 
important legislation, and I yield back the balance of my time.
  Mr. CICILLINE. Mr. Speaker, I urge my colleagues on both sides of the 
aisle to pass this important legislation, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Rhode Island (Mr. Cicilline) that the House suspend the 
rules and pass the bill, H.R. 3304, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CICILLINE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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