[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.
____________________