July 23, 2019 - Issue: Vol. 165, No. 124 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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NATIONAL GUARD AND RESERVISTS DEBT RELIEF EXTENSION ACT OF 2019; Congressional Record Vol. 165, No. 124
(House of Representatives - July 23, 2019)
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[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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