IIB 
110TH CONGRESS 
2D SESSION 
H. R. 4044 
IN THE SENATE OF THE UNITED STATES 
JUNE 24 (legislative day, JUNE 23), 2008 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 11 of the United States Code to exempt 
for a limited 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 Sep-
tember 11, 2001, are called to active duty or to perform 
a homeland defense activity for not less than 90 days. 
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Be it enacted by the Senate and House of Representa-
tives 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 Act of 2008’’. 
SEC. 2. AMENDMENTS. 
Section 707(b)(2)(D) of title 11, United States Code, 
is amended— 
(1) in clauses (i) and (ii)— 
(A) by indenting the left margin of such 
clauses 2 ems to the right, and 
(B) by redesignating such clauses as sub-
clauses (I) and (II), respectively, 
(2) by striking ‘‘if the debtor is a disabled vet-
eran’’ and inserting the following: 
‘‘if— 
‘‘(i) the debtor is a disabled veteran’’, 
(3) by striking the period at the end and insert-
ing ‘‘; or’’, and 
(4) by adding at the end the following: 
‘‘(ii) while— 
‘‘(I) the debtor is— 
‘‘(aa) on, and during the 540-day pe-
riod beginning immediately after the debt-
or is released from, a period of active duty 
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(as defined in section 101(d)(1) of title 10) 
of not less than 90 days; or 
‘‘(bb) performing, and during the 
540-day 
period 
beginning 
immediately 
after the debtor is no longer performing, a 
homeland defense activity (as defined in 
section 901(1) of title 32) performed for a 
period of not less than 90 days; and 
‘‘(II) if after September 11, 2001, the 
debtor while a member of a reserve component 
of the Armed Forces or a member of the Na-
tional Guard, was called to such active duty or 
performed such homeland defense activity.’’. 
SEC. 3. GAO STUDY. 
(a) COMPTROLLER GENERAL STUDY.—Not later 
than 2 years after the effective date of this Act, the Comp-
troller General shall complete and transmit to the Speaker 
of the House of Representatives and the President pro 
tempore of the Senate, a study of the use and the effects 
of the provisions of law amended (and as amended) by 
this Act. Such study shall address, at a minimum— 
(1) whether and to what degree members of re-
serve components of the Armed Forces and members 
of the National Guard avail themselves of the bene-
fits of such provisions, 
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(2) whether and to what degree such members 
are debtors in cases under title 11 of the United 
States Code that are substantially related to service 
that qualifies such members for the benefits of such 
provisions, 
(3) whether and to what degree such members 
are debtors in cases under such title that are materi-
ally related to such service, and 
(4) the effects that the use by such members of 
section 707(b)(2)(D) of such title, as amended by 
this Act, has on the bankruptcy system, creditors, 
and the debt-incurrence practices of such members. 
(b) FACTORS.—For purposes of subsection (a)— 
(1) a case shall be considered to be substan-
tially related to the service of a member of a reserve 
component of the Armed Forces or a member of the 
National Guard that qualifies such member for the 
benefits of the provisions of law amended (and as 
amended) by this Act if more than 33 percent of the 
aggregate amount of the debts in such case is in-
curred as a direct or indirect result of such service, 
(2) a case shall be considered to be materially 
related to the service of a member of a reserve com-
ponent of the Armed Forces or a member of the Na-
tional Guard that qualifies such member for the ben-
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efits of such provisions if more than 10 percent of 
the aggregate amount of the debts in such case is 
incurred as a direct or indirect result of such serv-
ice, and 
(3) the term ‘‘effects’’ means— 
(A) with respect to the bankruptcy system 
and creditors— 
(i) the number of cases under title 11 
of the United States Code in which mem-
bers of reserve components of the Armed 
Forces and members of the National 
Guard avail themselves of the benefits of 
such provisions, 
(ii) the aggregate amount of debt in 
such cases, 
(iii) the aggregate amount of debt of 
such members discharged in cases under 
chapter 7 of such title, 
(iv) the aggregate amount of debt of 
such members in cases under chapter 7 of 
such title as of the time such cases are 
converted to cases under chapter 13 of 
such title, 
(v) the amount of resources expended 
by the bankruptcy courts and by the bank-
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ruptcy trustees, stated separately, in cases 
under title 11 of the United States Code in 
which such members avail themselves of 
the benefits of such provisions, and 
(vi) whether and to what extent there 
is any indicia of abuse or potential abuse 
of such provisions, and 
(B) with respect to debt-incurrence prac-
tices— 
(i) any increase in the average levels 
of debt incurred by such members before, 
during, or after such service, 
(ii) any indicia of changes in debt-in-
currence practices adopted by such mem-
bers in anticipation of benefitting from 
such provisions in any potential case under 
such title; and 
(iii) any indicia of abuse or potential 
abuse of such provisions reflected in the 
debt-incurrence of such members. 
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this 
Act shall take effect 60 days after the date of the enact-
ment of this Act. 
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(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall apply only with respect to 
cases commenced under title 11 of the United States Code 
in the 3-year period beginning on the effective date of this 
Act. 
Passed the House of Representatives June 23, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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