IIB 

116TH CONGRESS 

1ST SESSION H. R. 3661 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2019 

Received; read twice and referred to the Committee on Small Business and 

Entrepreneurship 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Protection Act of 2019’’. 

4 SEC. 2. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL 

5 ELIGIBILITY TO RESERVISTS BEYOND PERI6 ODS OF MILITARY CONFLICT. 

7 (a) SMALL BUSINESS ACT AMENDMENTS.—Section 

8 7 of the Small Business Act (15 U.S.C. 636) is amend9 ed— 

10 (1) in subsection (b)(3)— 

11 (A) in subparagraph (A)— 

12 (i) by striking clause (ii); 

13 (ii) by redesignating clause (i) as 

14 clause (ii); 

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

16 so redesignated, the following: 

17 ‘‘(i) the term ‘active service’ has the mean18 ing given that term in section 101(d)(3) of title 

19 10, United States Code;’’; and 

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

21 by adding ‘‘and’’ at the end; 

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

23 ‘‘being ordered to active military duty during a 

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

25 ordered to perform active service for a period of 

26 more than 30 consecutive days’’; 


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1 (C) in subparagraph (C), by striking ‘‘ac2 tive duty’’ each place it appears and inserting 

3 ‘‘active service’’; and 

4 (D) in subparagraph (G)(ii)(II), by strik5 ing ‘‘active duty’’ and inserting ‘‘active service’’; 

6 and 

7 (2) in subsection (n)— 

8 (A) in the subsection heading, by striking 

9 ‘‘ACTIVE DUTY’’ and inserting ‘‘ACTIVE SERV10 ICE’’; 

11 (B) in paragraph (1)— 

12 (i) by striking subparagraph (C); 

13 (ii) by redesignating subparagraphs 

14 (A) and (B) as subparagraphs (B) and 

15 (C), respectively; 

16 (iii) by inserting before subparagraph 

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

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

19 service’ has the meaning given that term in sec20 tion 101(d)(3) of title 10, United States 

21 Code.’’; 

22 (iv) in subparagraph (B), as so redes23 ignated, by striking ‘‘ordered to active duty 

24 during a period of military conflict’’ and 

25 inserting ‘‘ordered to perform active servVerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661

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1 ice for a period of more than 30 consecu2 tive days’’; and 

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

4 ‘‘active duty’’ each place it appears and in5 serting ‘‘active service’’; and 

6 (C) in paragraph (2)(B), by striking ‘‘ac7 tive duty’’ each place it appears and inserting 

8 ‘‘active service’’. 

9 (b) APPLICABILITY.—The amendments made by sub10 section (a)(1) shall apply to an economic injury suffered 

11 or likely to be suffered as the result of an essential em12 ployee being ordered to perform active service (as defined 

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

14 a period of more than 30 consecutive days who is dis15 charged or released from such active service on or after 

16 the date of enactment of this Act. 

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

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

19 thereafter, the President shall submit to the Committee 

20 on Small Business and Entrepreneurship and the Com21 mittee on Appropriations of the Senate and the Committee 

22 on Small Business and the Committee on Appropriations 

23 of the House of Representatives a report on the number 

24 of loans made under the Military Reservist Economic In25 jury Disaster Loan program and the dollar volume of 


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

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

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

4 loans made under the Military Reservist Economic Injury 

5 Disaster Loan program and without those loans included. 

6 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

8 is amended— 

9 (1) by striking ‘‘The Administration’’ and in10 serting the following: 

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

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

13 7(n)(1))’’; and 

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

15 ‘‘(2) DEFINITION OF PERIOD OF MILITARY CON16 FLICT.—In this subsection, the term ‘period of mili17 tary conflict’ means— 

18 ‘‘(A) a period of war declared by the Con19 gress; 

20 ‘‘(B) a period of national emergency de21 clared by the Congress or by the President; or 

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

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

24 States Code.’’. 


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1 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Passed the House of Representatives November 13, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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