[Congressional Record Volume 165, Number 181 (Wednesday, November 13, 2019)]
[House]
[Pages H8800-H8802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PATRIOTIC EMPLOYER PROTECTION ACT OF 2019

  Mr. SCHNEIDER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3661) to support entrepreneurs serving in the National Guard 
and Reserve, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3661

       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 ``Patriotic Employer 
     Protection Act of 2019''.

     SEC. 2. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL ELIGIBILITY 
                   TO RESERVISTS BEYOND PERIODS OF MILITARY 
                   CONFLICT.

       (a) Small Business Act Amendments.--Section 7 of the Small 
     Business Act (15 U.S.C. 636) is amended--
       (1) in subsection (b)(3)--
       (A) in subparagraph (A)--
       (i) by striking clause (ii);
       (ii) by redesignating clause (i) as clause (ii);
       (iii) by inserting before clause (ii), as so redesignated, 
     the following:
       ``(i) the term `active service' has the meaning given that 
     term in section 101(d)(3) of title 10, United States Code;''; 
     and
       (iv) in clause (ii), as so redesignated, by adding ``and'' 
     at the end;
       (B) in subparagraph (B), by striking ``being ordered to 
     active military duty during a period of military conflict'' 
     and inserting ``being ordered to perform active service for a 
     period of more than 30 consecutive days'';
       (C) in subparagraph (C), by striking ``active duty'' each 
     place it appears and inserting ``active service''; and
       (D) in subparagraph (G)(ii)(II), by striking ``active 
     duty'' and inserting ``active service''; and
       (2) in subsection (n)--
       (A) in the subsection heading, by striking ``Active Duty'' 
     and inserting ``Active Service'';
       (B) in paragraph (1)--
       (i) by striking subparagraph (C);
       (ii) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (iii) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) Active service.--The term `active service' has the 
     meaning given that term in section 101(d)(3) of title 10, 
     United States Code.'';
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``ordered to active duty during a period of military 
     conflict'' and inserting ``ordered to perform active service 
     for a period of more than 30 consecutive days''; and
       (v) in subparagraph (D), by striking ``active duty'' each 
     place it appears and inserting ``active service''; and
       (C) in paragraph (2)(B), by striking ``active duty'' each 
     place it appears and inserting ``active service''.
       (b) Applicability.--The amendments made by subsection 
     (a)(1) shall apply to an economic injury suffered or likely 
     to be suffered as the result of an essential employee being 
     ordered to perform active service (as defined in section 
     101(d)(3) of title 10, United States Code) for a period of 
     more than 30 consecutive days who is discharged or released 
     from such active service on or after the date of enactment of 
     this Act.
       (c) Semiannual Report.--Not later than 180 days after the 
     date of enactment of this Act, and semiannually thereafter, 
     the President shall submit to the Committee on Small Business 
     and Entrepreneurship and the Committee on Appropriations of 
     the Senate and the Committee on Small Business and the 
     Committee on Appropriations of the House of Representatives a 
     report on the number of loans made under the Military 
     Reservist Economic Injury Disaster Loan program and the 
     dollar volume of those loans. The report shall contain the 
     subsidy rate of the disaster loan program as authorized under 
     section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     with the loans made under the Military Reservist Economic 
     Injury Disaster Loan program and without those loans 
     included.
       (d) Technical and Conforming Amendment.--Section 8(l) of 
     the Small Business Act (15 U.S.C. 637(l)) is amended--
       (1) by striking ``The Administration'' and inserting the 
     following:
       ``(1) In general.--The Administration'';
       (2) by striking ``(as defined in section 7(n)(1))''; and
       (3) by adding at the end the following:
       ``(2) Definition of period of military conflict.--In this 
     subsection, the term `period of military conflict' means--
       ``(A) a period of war declared by the Congress;
       ``(B) a period of national emergency declared by the 
     Congress or by the President; or
       ``(C) a period of a contingency operation, as defined in 
     section 101(a) of title 10, United States Code.''.

     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 
Illinois (Mr. Schneider) and the gentleman from Ohio (Mr. Chabot) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. SCHNEIDER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. SCHNEIDER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 3661, the Patriotic 
Employer Protection Act of 2019.
  Mr. Speaker, this commonsense legislation recognizes the service of 
our reservists and the companies they work at by broadening the ability 
of small business employers to access loans when a reservist is 
deployed.
  Across the country, small business owners are doing the right thing 
by actively employing military reservists. Congress recognized the 
strain a small business can be under when key employees are deployed on 
missions. That is why this distinguished body created the SBA's 
military reservist programs, which are the Military Reservist Economic 
Injury Disaster Loan program and the Repayment Deferral for Active Duty 
Reservists program. These two programs provide emergency working 
capital and loan flexibility to small business owners who have an 
essential employee who is an Active Duty reservist called into action.
  Over the past decade, our Reserve Forces have experienced a shift 
from a strategic reserve to an operational reserve. This bill addresses 
that shift by expanding the pool of eligible reservists through a 
restructuring of the programs so they are not limited to periods of 
conflict.
  This seemingly minor modification, in addition to increased 
coordination between the SBA and the National Guard Bureau and State 
Adjutants General, will lead to targeted outreach and education about 
the programs while also modernizing them to meet the needs of today's 
small employers.
  I thank Congressman Kim and Congressman Burchett for working with me 
to improve access to affordable capital for small businesses, 
especially those owned by or who employ reservists.

[[Page H8801]]

  Mr. Speaker, I urge Members to support this bipartisan piece of 
legislation, and I reserve the balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3661, the Patriotic Employer 
Protection Act of 2019.
  Mr. Speaker, nearly half of all employees in the United States work 
for a small business. These employees come from every State and 
territory, and every congressional district. Many of them also serve 
our Nation proudly.
  When these men and women are called up for military duty, the small 
business that they work for may be at a disadvantage due to their 
absence. If a small business experiences an economic loss due to the 
essential employee being called up to duty, the small business has the 
ability to apply for a Military Reservist Economic Injury Disaster Loan 
through the SBA.
  To modernize this loan program, H.R. 3661, this bill, adds employees 
who are also on full-time National Guard duty to the eligibility list. 
This reform further aligns this SBA program with the way today's 
military operates.
  Mr. Speaker, I thank the gentleman from Tennessee (Mr. Burchett) and 
the gentleman from New Jersey (Mr. Kim) for working in a bipartisan 
manner on behalf of the Nation's military servicemembers. Additionally, 
I thank the chairwoman, as usual, for moving this legislation forward 
in a bipartisan manner.
  Mr. Speaker, I urge my colleagues to support the bill, which was 
favorably reported out of committee via voice vote, and I reserve the 
balance of my time.
  Mr. SCHNEIDER. Mr. Speaker, it is now my privilege to yield such time 
as he may consume to the gentleman from New Jersey (Mr. Kim), my friend 
and colleague who is a sponsor of this bill.
  Mr. KIM. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today to stand up for small business owners 
across our country who want to do the patriotic thing and provide 
economic opportunities to those serving in the military Reserves.
  I represent Burlington County and Ocean County in New Jersey, home to 
Joint Base McGuire-Dix-Lakehurst. Approximately 5,500 reservists are 
currently serving at our joint base, and 99 percent of New Jersey 
businesses are classified as small businesses.
  For those small business owners who are members of the Reserves or 
want to hire reservists, there is uncertainty and risks that come with 
unexpected deployments and activations to Active Duty. During times of 
war, we not only ask these reservists to sacrifice during their service 
but to sacrifice their economic well-being.
  In 2003, during the Iraq war, a small business owner and 
servicemember named Stanley Adams was called to Active Duty. Mr. Adams, 
who owned two thriving livestock trailer companies, had to close one 
down and saw revenue plummet during his deployment. In an interview, 
Mr. Adams said, ``Everything came to a halt, and all this money still 
had to be paid.''
  We owe our servicemembers more than that. Serving our country 
shouldn't be a barrier to those who want to start or work for a small 
business. We should reward these patriots, not create an environment of 
economic uncertainty.
  That is why I am proud to introduce the bipartisan Patriotic Employer 
Protection Act with Congressman Burchett. The Patriotic Employer 
Protection Act would restructure two programs--the Military Reservist 
Economic Injury Disaster Loan program and the Repayment Deferral for 
Active Duty Reservists program--so that they better reflect the current 
deployment trends of reservists. The bill would allow these programs to 
be used for any reservists being ordered to Active Duty for a period of 
more than 30 consecutive days, broadening the program to more people in 
need.

  In addition, the bill would create a new business training program to 
provide counseling and assistance to support members of the Reserves 
and their spouses, as well as direct the Small Business Administration 
to develop more targeted and effective outreach to reservists and small 
business owners.
  The American Legion, which has endorsed this bill, has called these 
important programs ``underutilized because their eligibility 
restrictions do not fully reflect current deployment practices.'' This 
bill fixes that and empowers small business owners across the country 
to provide a path to the American Dream for those servicemembers who 
fight to protect it every day.
  Mr. Speaker, I hope you will join myself and Congressman Burchett in 
supporting this bill.
  Mr. CHABOT. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Tennessee (Mr. Burchett), the Republican leader on this 
particular bill.
  Mr. BURCHETT. Mr. Speaker, I rise today in support of the Patriotic 
Employer Protection Act. I am proud of this bipartisan legislation that 
encourages small business owners to hire military reservists.
  Military reservists bravely serve America and are also members of our 
Nation's small business workforce. In east Tennessee and throughout 
America, small business owners rely on the abilities and skills of 
reservists. When an employee is activated from the Reserves to answer 
the call of duty, small businesses should not struggle while that 
employee is absent.
  This legislation improves small businesses' access to Military 
Reservist Economic Injury Disaster Loans and Repayment Deferral for 
Active Duty Reservists. These programs offer financial support to small 
businesses that lose valuable production when a reservist is activated 
for military service.
  By improving access to these programs, small businesses can continue 
to operate while an employee is serving in the military. Additionally, 
it gives small businesses peace of mind that their businesses will not 
suffer in the absence of military reservists.
  It takes courage to put your livelihood and career on hold to serve 
our country, and small businesses should be proud of their employees' 
military commitments.
  Mr. Speaker, it has been an honor to champion this legislation with 
Representative Kim, and I encourage my colleagues to support this bill.
  Mr. SCHNEIDER. Mr. Speaker, I reserve the balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, a small business should not be disadvantaged if the men 
and women who they employ are called to military duty.
  H.R. 3661 updates the SBA's Military Reservist Economic Injury 
Disaster Loan program to ensure it aligns with today's military.
  Mr. Speaker, I urge my colleagues to support this bipartisan 
legislation. I thank Mr. Burchett and Mr. Kim for their leadership on 
this, and I yield back the balance of my time.
  Mr. SCHNEIDER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I, too, commend and thank Representative Kim and 
Representative Burchett for their leadership on this. The Small 
Business Committee, as a whole, commends those small business owners 
who support their employees serving in the National Guard and Reserves 
and thereby support our national security.
  Reservists can be called away at a moment's notice and fulfill their 
duty in a variety of ways. For instance, we rely on them during our 
most vulnerable times, like during natural disasters, and they can be 
tapped to serve abroad when needed and necessary.
  They protect us and our communities by leaving their lives and 
communities behind. Though they may be called upon temporarily, their 
absence is sorely noticed by their families and employers who rely upon 
them.
  The bill before us today, H.R. 3661, takes their absence into 
consideration by reflecting how our Nation has changed the way we call 
upon them. By making the SBA's Military Reservist Economic Injury 
Disaster Loan and Repayment Deferral for Active Duty Reservists 
programs more accessible to servicemembers and their employers, we are 
helping to sustain small businesses, families, and local communities.
  This legislation makes sure that the SBA can be a resource for when 
employers support their workers while on deployment.
  Mr. Speaker, I urge my colleagues to support the bill, and I yield 
back the balance of my time.

[[Page H8802]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Schneider) that the House suspend the 
rules and pass the bill, H.R. 3661, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________