S.Amdt. 5836

SA 5836. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROTECTION PROVISIONS FOR DEPLOYED SMALL BUSINESS
OWNERS SERVING IN THE RESERVES.

(a) Definitions.--In this section--
(1) the term ``active duty'' has the meaning given that
term in section 101 of title 10, United States Code;
(2) the terms ``credit'' and ``creditor'' have the meanings
given such terms in section 702 of the Equal Credit
Opportunity Act (15 U.S.C. 1691a);
(3) the term ``reserve component'' means a component
specified in section 10101 of title 10, United States Code;
and
(4) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
(b) Waiver.--
(1) In general.--Notwithstanding any other provision of
law, for any Federal economic assistance program for which
the eligibility of a small business concern for the
assistance, or the amount of the assistance to be made
available to a small business concern, is calculated based on
the average monthly or total compensation of the employees,
or the number of employees, of the small business concern
during a specified period, if the small business concern is
owned and controlled by a member of a reserve component who
is deployed for active duty for a period of not less than 30
days during all or a portion of the period during which the
assistance will be used, the calculation of the average
monthly or total compensation of the employees, or the number
of employees, of the small business concern during the
specified period shall include any employee who is employed
by the small business concern--
(A) to fulfill the essential duties and responsibilities of
the owner during the period the owner is on active duty; and
(B) during the period--
(i) beginning 90 days before the date on which the owner
commences serving on active duty; and
(ii) ending 90 days after the date on which the owner
ceases serving on active duty.
(2) Orders.--To be eligible to have the amount of
assistance calculated in accordance with paragraph (1), the
owner of a small business concern shall provide to the
applicable Federal official a copy of the orders directing
the owner to report for active duty for a period of not less
than 30 days.
(c) Preservation of MREIDL Eligibility.--Section 7(b)(3) of
the Small Business Act (15 U.S.C. 636(b)(3)) is amended by
adding at the end the following:
``(I) Whether a small business concern is eligible for a
loan under this paragraph shall be determined without regard
to whether the small business concern is eligible for any
other economic assistance, or the amount of any other
economic assistance that has been received by the small
business concern, from the Federal Government.''.
(d) Prohibition on Credit Discrimination.--
(1) In general.--It shall be unlawful for any creditor to
discriminate in the terms or conditions of credit offered or
provided to any small business concern owned by a member of a
reserve component due to a military deployment or any
temporary effects of a military deployment.
(2) Enforcement.--A violation of this subsection shall be
treated as a violation of the Equal Credit Opportunity Act
(15 U.S.C. 1691 et seq.).
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