I 

116TH CONGRESS 

1ST SESSION H. R. 3661 

To support entrepreneurs serving in the National Guard and Reserve, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2019 

Mr. KIM (for himself and Mr. BURCHETT) introduced the following bill; which 

was referred to the Committee on Small Business 

A BILL 

To support entrepreneurs serving in the National Guard 

and Reserve, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patriotic Employer 

5 Protection Act of 2019’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 3661 IH

1 SEC. 2. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL 

2 ELIGIBILITY TO RESERVISTS BEYOND PERI3 ODS OF MILITARY CONFLICT. 

4 (a) SMALL BUSINESS ACT AMENDMENTS.—Section 

5 7 of the Small Business Act (15 U.S.C. 636) is amend6 ed— 

7 (1) in subsection (b)(3)— 

8 (A) in subparagraph (A)— 

9 (i) by striking clause (ii); 

10 (ii) by redesignating clause (i) as 

11 clause (ii); 

12 (iii) by inserting before clause (ii), as 

13 so redesignated, the following: 

14 ‘‘(i) the term ‘active service’ has the mean15 ing given that term in section 101(d)(3) of title 

16 10, United States Code;’’; and 

17 (iv) in clause (ii), as so redesignated, 

18 by adding ‘‘and’’ at the end; 

19 (B) in subparagraph (B), by striking 

20 ‘‘being ordered to active military duty during a 

21 period of military conflict’’ and inserting ‘‘being 

22 ordered to perform active service for a period of 

23 more than 30 consecutive days’’; 

24 (C) in subparagraph (C), by striking ‘‘ac25 tive duty’’ each place it appears and inserting 

26 ‘‘active service’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 3661 IH

1 (D) in subparagraph (G)(ii)(II), by strik2 ing ‘‘active duty’’ and inserting ‘‘active service’’; 

3 and 

4 (2) in subsection (n)— 

5 (A) in the subsection heading, by striking 

6 ‘‘ACTIVE DUTY’’ and inserting ‘‘ACTIVE SERV7 ICE’’; 

8 (B) in paragraph (1)— 

9 (i) by striking subparagraph (C); 

10 (ii) by redesignating subparagraphs 

11 (A) and (B) as subparagraphs (B) and 

12 (C), respectively; 

13 (iii) by inserting before subparagraph 

14 (B), as so redesignated, the following: 

15 ‘‘(A) ACTIVE SERVICE.—The term ‘active 

16 service’ has the meaning given that term in sec17 tion 101(d)(3) of title 10, United States 

18 Code.’’; 

19 (iv) in subparagraph (B), as so redes20 ignated, by striking ‘‘ordered to active duty 

21 during a period of military conflict’’ and 

22 inserting ‘‘ordered to perform active serv23 ice for a period of more than 30 consecu24 tive days’’; and 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 3661 IH

1 (v) in subparagraph (D), by striking 

2 ‘‘active duty’’ each place it appears and in3 serting ‘‘active service’’; and 

4 (C) in paragraph (2)(B), by striking ‘‘ac5 tive duty’’ each place it appears and inserting 

6 ‘‘active service’’. 

7 (b) APPLICABILITY.—The amendments made by sub8 section (a)(1) shall apply to an economic injury suffered 

9 or likely to be suffered as the result of an essential em10 ployee being ordered to perform active service (as defined 

11 in section 101(d)(3) of title 10, United States Code) for 

12 a period of more than 30 consecutive days who is dis13 charged or released from such active service on or after 

14 the date of enactment of this Act. 

15 (c) SEMIANNUAL REPORT.—Not later than 180 days 

16 after the date of enactment of this Act, and semiannually 

17 thereafter, the President shall submit to the Committee 

18 on Small Business and Entrepreneurship and the Com19 mittee on Appropriations of the Senate and the Committee 

20 on Small Business and the Committee on Appropriations 

21 of the House of Representatives a report on the number 

22 of loans made under the Military Reservist Economic In23 jury Disaster Loan program and the dollar volume of 

24 those loans. The report shall contain the subsidy rate of 

25 the disaster loan program as authorized under section 7(b) 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 3661 IH

1 of the Small Business Act (15 U.S.C. 636(b)) with the 

2 loans made under the Military Reservist Economic Injury 

3 Disaster Loan program and without those loans included. 

4 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

5 Section 8(l) of the Small Business Act (15 U.S.C. 637(l)) 

6 is amended— 

7 (1) by striking ‘‘The Administration’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—The Administration’’; 

10 (2) by striking ‘‘(as defined in section 

11 7(n)(1))’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(2) DEFINITION OF PERIOD OF MILITARY CON14 FLICT.—In this subsection, the term ‘period of mili15 tary conflict’ means— 

16 ‘‘(A) a period of war declared by the Con17 gress; 

18 ‘‘(B) a period of national emergency de19 clared by the Congress or by the President; or 

20 ‘‘(C) a period of a contingency operation, 

21 as defined in section 101(a) of title 10, United 

22 States Code.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS