IB 
Union Calendar No. 461 
110TH CONGRESS 
2D SESSION 
H. R. 4044 
[Report No. 110–726] 
To amend the Bankruptcy Abuse Prevention and Consumer Protection Act 
of 2005 to exempt from the means test in bankruptcy cases, for a 
limited period, qualifying reserve-component members who, after Sep-
tember 11, 2001, are called to active duty or to perform a homeland 
defense activity for not less than 60 days. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2007 
Ms. SCHAKOWSKY (for herself, Mr. ROHRABACHER, Mr. ABERCROMBIE, Mr. 
BLUMENAUER, Mr. BUTTERFIELD, Mr. ANDREWS, Mr. BRADY of Penn-
sylvania, Mr. COSTELLO, Mr. DUNCAN, Mr. EHLERS, Mr. FARR, Mr. 
FATTAH, Ms. FOXX, Mr. GILCHREST, Mr. GORDON of Tennessee, Mr. 
HARE, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. HONDA, Ms. 
HOOLEY, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Mr. JONES of 
North Carolina, Mr. KUCINICH, Mr. MCGOVERN, Mr. MICHAUD, Mr. 
RUSH, Ms. SHEA-PORTER, and Mr. TIERNEY) introduced the following 
bill; which was referred to the Committee on the Judiciary 
JUNE 20, 2008 
Additional sponsors: Mr. KIRK, Mr. AL GREEN of Texas, Ms. SUTTON, Ms. 
DEGETTE, Mr. UDALL of Colorado, Mrs. CUBIN, Mr. BURTON of Indi-
ana, Mr. FOSSELLA, Mr. SOUDER, Mr. WOLF, Mr. MILLER of Florida, 
Mr. NADLER, Mrs. MALONEY of New York, Mrs. CHRISTENSEN, Mr. 
DOYLE, Mr. ENGLISH of Pennsylvania, Mr. SHAYS, Mrs. GILLIBRAND, 
Mr. DELAHUNT, Mr. COHEN, Mr. FILNER, Mr. JOHNSON of Georgia, Mr. 
MCINTYRE, Ms. BORDALLO, Mr. WALZ of Minnesota, Mr. GRIJALVA, Mr. 
GONZALEZ, Mr. PETERSON of Minnesota, Mr. BISHOP of Georgia, Mr. 
HINOJOSA, Mr. HINCHEY, Mr. ALLEN, Ms. MCCOLLUM of Minnesota, 
Ms. MATSUI, Ms. HIRONO, Mr. GUTIERREZ, Mr. BISHOP of New York, 
and Mr. KAGEN 
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JUNE 20, 2008 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
A BILL 
To amend the Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005 to exempt from the means test 
in bankruptcy cases, for a limited period, qualifying re-
serve-component members who, after September 11, 
2001, are called to active duty or to perform a homeland 
defense activity for not less than 60 days. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AMENDMENT. 
Section 101(a)(2)(C) of the Bankruptcy Abuse Pre-
vention and Consumer Protection Act of 2005 (Public 
Law 109–8) is amended by adding at the end of para-
graph (2) of section 707(b) of title 11 of the United States 
Code, as added by such Act, the following: 
‘‘(E) Subparagraphs (A) through (C) shall not apply, 
and the court may not dismiss or convert a case filed 
under this chapter based on any form of means testing— 
‘‘(i)(I) while the debtor is on, and during the 
180-day period beginning immediately after the 
debtor is released from, a period of active duty (as 
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defined in section 101(d)(1) of title 10) of not less 
than 60 days; or 
‘‘(II) while the debtor is performing, and during 
the 180-day period beginning immediately after the 
debtor is no longer performing, a homeland defense 
activity (as defined in section 901(1) of title 32) per-
formed for a period of not less than 60 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 National Guard, 
was called to such active duty or performed such 
homeland defense activity.’’. 
SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENT. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendment made by this Act 
shall take effect on April 20, 2005. 
(b) APPLICATION OF AMENDMENT.—The amendment 
made by this Act shall apply only with respect to cases 
commenced under title 11 of the United States Code after 
April 20, 2005. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard and 
Reservists Debt Relief Act of 2008’’. 
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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 debtor 
is released from, a period of active duty (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 
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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 National 
Guard, was called to such active duty or per-
formed 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 Comptroller 
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 provi-
sions 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 benefits 
of such provisions, 
(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, 
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(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 substantially 
related to the service of a member of a reserve compo-
nent 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 incurred as a di-
rect or indirect result of such service, 
(2) a case shall be considered to be materially re-
lated to the service of a member of a reserve compo-
nent of the Armed Forces or a member of the National 
Guard that qualifies such member for the benefits of 
such provisions if more than 10 percent of the aggre-
gate amount of the debts in such case is incurred as 
a direct or indirect result of such service, and 
(3) the term ‘‘effects’’ means— 
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