[Congressional Record (Bound Edition), Volume 154 (2008), Part 17]
[Extensions of Remarks]
[Page 24036]
[From the U.S. Government Publishing Office, www.gpo.gov]




         NATIONAL GUARD AND RESERVISTS DEBT RELIEF ACT OF 2008

                                 ______
                                 

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                        Friday, October 3, 2008

  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in support of 
S. 3197, the ``National Guard and Reservists Debt Relief Act of 2008.'' 
This bill is important because it liberalizes the debt relief standard 
for those persons who are most deserving, our nation's heroes that 
serve in the National Guard.
  This bill is important because the President has made it more 
difficult for people to claim bankruptcy. Specifically, the Bankruptcy 
Abuse Prevention and Consumer Protection Act of 2005 (2005 Bankruptcy 
Act) was signed into law by President George W. Bush on April 20, 2005. 
The 2005 Bankruptcy Act is the most comprehensive overhaul of 
bankruptcy law in more than 25 years. The 2005 Bankruptcy Act makes 
particular changes to the consumer bankruptcy. The changes to consumer 
bankruptcy included, among other things, the establishment of a means 
testing mechanism to determine a debtor's ability to repay debts. Under 
this test, a chapter 7 bankruptcy case is presumed to be an abuse if it 
appears that the debtor has income in excess of certain thresholds.
  S. 3197 would exempt certain qualifying reserve component members of 
the Armed Services and National Guard members from the means test's 
presumption of abuse. This bill responds to the fact that some who 
serve in the National Guard and the Reserves encounter financial 
difficulties and that they should not be subject to the additional 
proof requirements of the means test.
  Members of the armed services, National Guard, and reservists find 
themselves in a precarious economic situation. Before they are deployed 
they have stable employment and they expect a set amount of money. 
However, deployment brings with it change in livelihood and lifestyle. 
When a spouse is deployed, the spouse that remains behind must now 
work, find baby sitters, and are subject to a myriad of life-altering 
financial changes. Sometimes houses have to be sold and deployment can 
cause all sorts of financial hardships. Simply put, the armed services, 
National Guard, and reservists should not be penalized.
  I cosponsored the House version of this bill H.R. 4044, and I urge my 
colleagues to support it. This bill makes sense because often armed 
services personnel and reservists receive high compensation when they 
are away on hazardous tours or combat zones. However, when these 
individuals return, their income is not as high. Therefore, it is 
unfair to subject these individuals to the means test. Simply, the 
means test is whether the person has the means to pay his or her debts. 
Hazard pay and temporary high pay for combat work is not necessarily a 
good indicator of person's means or ability to pay. These individuals 
are serving our country and have legitimate financial concerns. I do 
not believe that they should be penalized. I believe we should help our 
armed services personnel for giving so much to fight for and protect 
this country. The least we can do is help them.
  I firmly believe that we should celebrate our National Guard and 
reservists, and I remain committed, as a Member of Congress, to 
ensuring that we demonstrate our respect for them. The National Guard 
and reservists have kept their promise to serve our Nation; they have 
willingly risked their lives to protect the country we all love.
  As the great British leader Winston Churchill famously stated, 
``Never in the field of human conflict was so much owed by so many to 
so few.''
  We must always remember the debt that we owe our National Guard and 
reservists that are willing to lie down their lives for us and render 
the ultimate sacrifice for our freedom and security. Our gratitude must 
continue to be unwavering.
  In the words of President John F. Kennedy, ``As we express our 
gratitude, we must never forget that the highest appreciation is not to 
utter words, but to live by them.'' It is not simply enough to sing the 
praises of our Nation's great veterans; I firmly believe that we must 
demonstrate by our actions how proud we are of our American heroes.
  I urge my colleagues to support this bill.

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