National Guard and Reservists Debt Relief Extension Act of 2023

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.

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.

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. Speaker, I am prepared to close, and I reserve the balance of my time.

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.

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

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. Speaker, I urge a voice vote on this measure, and I yield back the balance of my time.

Mr. President, I submit to the Senate a budget scorekeeping report. The report, which covers fiscal year 2024, was prepared and submitted as a letter by the Congressional Budget Office pursuant to section 308(b) of the Congressional Budget Act of 1974. This information assists the Senate Budget Committee in determining if budgetary points of order lie against pending legislation.

CBO's report shows the effect on spending and revenues of congressional action through April 15, 2024. Between CBO's last report on December 13, 2023, and April 15, 2024, Congress passed eight pieces of legislation with effects on direct spending or revenue. These include two appropriations bills passed in March, P.L. 118-42 and P.L. 118-47, that completed the fiscal year 2024 appropriations cycle in line with the bipartisan agreement enacted last summer.

CBO's report included three tables, tables 1, 2, and 3. Tables 1 and 2 show that current budgetary levels are within allowable amounts for budget authority and outlays. The allowable levels include an adjustment for the Senate-passed national security supplemental, P.L. 118-50, which had not yet

been enacted into law when the table was prepared. These tables also show that revenue is below the allowable amount, due to the rescissions of IRS mandatory funding in the last appropriation bill, P.L. 118-47, which reduces revenue and increases the deficit.

Table 3 shows the Senate's Pay-As-You-Go scorecard, which reflects $36.4 billion of net deficit increase, entirely due to IRS funding rescissions.

The Democratic staff of the Budget Committee prepared three addendum tables to supplement CBO's report, tables A, B, and C.

Table A compares the mandatory spending of each authorizing committee against the enforceable allocations under section 302 of the Congressional Budget Act. It shows that 11 of the 16 authorizing committees are compliant with their allocations, either because no legislation with significant budgetary costs was enacted, the legislation was deficit-neutral and qualified for an allocation adjustment that was subsequently filed, or the legislation reduced spending.

Table B updates CBO's table 1, the Senate current level report for spending and revenues, to reflect the enactment of P.L. 118-50, the national security supplemental, which was passed by the House and Senate and was signed into law by the President after CBO prepared its report.

Table C updates CBO's table 3, updating the Senate Pay-As-You-Go scorecard to reflect six bills that have passed by the House and Senate since the release of CBO's report, five of which have been signed into law by the President.

I ask unanimous consent that CBO's letter, accompanying tables, and the addendum be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3315, which was received from the House and is at the desk.

I further ask unanimous consent that the bill be considered read a third time and passed and the motion to reconsider be considered made and laid upon the table.