[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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