[Congressional Record Volume 169, Number 203 (Monday, December 11, 2023)]
[House]
[Pages H6747-H6748]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL GUARD AND RESERVISTS DEBT RELIEF EXTENSION ACT OF 2023
Mr. MORAN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3315) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3315
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 2023''.
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 ``15-year'' and inserting ``19-year''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Moran) and the gentleman from Tennessee (Mr. Cohen) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. MORAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material on H.R. 3315.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3315, the National Guard and
Reservists Debt Relief Extension Act of 2023.
The bill before us today is an important piece of legislation. It
will help National Guard members and Armed Services reservists who
serve our country.
Some of these individuals face financial hardships during or after
Active Duty. Bankruptcy may be needed to resolve these hardships.
In 2008, Congress recognized that guardsmen and reservists sometimes
confront unique financial challenges when returning home from Active
Duty.
Congress enacted the National Guard and Reservists Debt Relief Act in
2008 to respond to these challenges and has extended its protection
several times since. Those protections are set to expire later this
month.
Under current law, certain guardsmen and reservists are exempt from
the Bankruptcy Code's means test. This test helps decide whether a
debtor is eligible for debt forgiveness under chapter 7 of the
Bankruptcy Code.
The test looks at recent income and expense data to gauge a
consumer's ability to repay their debt, but the means test can be an
obstacle to debt forgiveness for guardsmen and reservists. Their income
and expenses can change dramatically when transitioning from civilian
life to Active Duty and back.
The means test does not account for these changes in income and
expenses due to Active-Duty service.
The National Guard and Reservists Debt Relief Extension Act of 2023
responds to this concern. This bill would extend for an additional 4
years the existing means test exemption for certain qualifying National
Guard members and Armed Services reservists.
We continue to call on our guardsmen and our reservists to put their
careers on hold to serve our country. We should ensure that those
military personnel who fall on hard times are not denied access to
bankruptcy because of their Active-Duty status.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation, and I reserve the balance of my time.
Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, according to a 2022 lifestyle survey of servicemembers
and veterans, financial issues were the top lifestyle stressor, and
unfortunately, bankruptcy sometimes is the best answer for those in
financial distress.
Under current law, National Guard members and reservists who serve on
Active Duty are, like other active servicemembers, exempt from the
Bankruptcy Code means test which determines whether a debtor's income
is too high to have all of his or her debts erased in bankruptcy. This
critical protection for National Guard members and reservists has to be
extended every 4 years, and this is the time to do it.
Unless otherwise exempted, these servicemembers and veterans must
complete the required forms and submit the specified paperwork to
satisfy the Bankruptcy Code's means test.
This burdensome requirement would even apply to National Guard and
reservists who have returned to the United States from active service
and thus no longer receive combat pay.
Under the means test, such servicemember must calculate his or her
income based on the average monthly income that he or she received
during the 6-month period 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.
Without this exemption, some servicemembers and veterans may be
prevented from seeking the financial relief that they need and deserve.
We should not deny the reservists and the National Guard these
benefits.
This extension is an immediate concern. The bill would extend for 4
years the temporary authorization exempting certain qualifying reserve
component members of the Armed Services and National Guard members from
this means test.
I am proud to have led the effort to exempt the National Guard and
reservists from the means test in 2008 and the extensions of this
successful program in 2015 and 2019. If we do not act today, this
critical protection for National Guard members and reservists will
expire in a matter of weeks.
I hope we can act on a bipartisan basis, as we have always done, to
extend the authority.
I thank my cosponsors Representatives Ben Cline, Madeleine Dean, Tim
Burchett, and leaders of the companion effort in the Senate, Senators
Durbin and Graham.
This is truly a bipartisan, bicameral effort.
I thank Chairman Jordan, who moved this bill through the Judiciary
Committee and advocated for its quick
[[Page H6748]]
consideration on the floor, and I all urge my colleagues to support
this bill.
Mr. Speaker, sometimes people think we don't work together, but in
the military we do work together. I am proud to support this, and I
reserve the balance of my time.
Mr. MORAN. Mr. Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. COHEN. Mr. Speaker, I urge a voice vote on this measure, and I
yield back the balance of my time.
Mr. MORAN. Mr. Speaker, to close, I reemphasize what Mr. Cohen from
Tennessee said.
This is a bipartisan and bicameral effort to protect our guardsmen
and our reservists as they are returning back after having served in
Active Duty. This is an important measure to protect those individuals
who have fallen on hard times financially and need the protections of
bankruptcy court.
This exemption to the means test is important because of the
variations of the income and the expenses that we see coming in and out
of civilian life for these individuals.
As a result of the efforts of both the Democrats and the Republicans
in the House and the Senate, I urge my colleagues to support this
resolution, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Moran) that the House suspend the rules and
pass the bill, H.R. 3315.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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