Patriotic Employer Protection Act of 2019

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3661 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Patriotic Employer 2 Protection Act of 2019’’. 3 SEC. 2. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL 4 ELIGIBILITY TO RESERVISTS BEYOND PERI- 5 ODS OF MILITARY CONFLICT. 6 (a) SMALL BUSINESS ACT AMENDMENTS.—Section 7 7 of the Small Business Act (15 U.S.C. 636) is amend- 8 ed— 9 (1) in subsection (b)(3)— 10 (A) in subparagraph (A)— 11 (i) by striking clause (ii); 12 (ii) by redesignating clause (i) as 13 clause (ii); 14 (iii) by inserting before clause (ii), as 15 so redesignated, the following: 16 ‘‘(i) the term ‘active service’ has the mean- 17 ing given that term in section 101(d)(3) of title 18 10, United States Code;’’; and 19 (iv) in clause (ii), as so redesignated, 20 by adding ‘‘and’’ at the end; 21 (B) in subparagraph (B), by striking 22 ‘‘being ordered to active military duty during a 23 period of military conflict’’ and inserting ‘‘being 24 ordered to perform active service for a period of 25 more than 30 consecutive days’’; 26 VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3661 RFS (C) in subparagraph (C), by striking ‘‘ac- 1 tive duty’’ each place it appears and inserting 2 ‘‘active service’’; and 3 (D) in subparagraph (G)(ii)(II), by strik- 4 ing ‘‘active duty’’ and inserting ‘‘active service’’; 5 and 6 (2) in subsection (n)— 7 (A) in the subsection heading, by striking 8 ‘‘ACTIVE DUTY’’ and inserting ‘‘ACTIVE SERV- 9 ICE’’; 10 (B) in paragraph (1)— 11 (i) by striking subparagraph (C); 12 (ii) by redesignating subparagraphs 13 (A) and (B) as subparagraphs (B) and 14 (C), respectively; 15 (iii) by inserting before subparagraph 16 (B), as so redesignated, the following: 17 ‘‘(A) ACTIVE SERVICE.—The term ‘active 18 service’ has the meaning given that term in sec- 19 tion 101(d)(3) of title 10, United States 20 Code.’’; 21 (iv) in subparagraph (B), as so redes- 22 ignated, by striking ‘‘ordered to active duty 23 during a period of military conflict’’ and 24 inserting ‘‘ordered to perform active serv- 25 VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3661 RFS ice for a period of more than 30 consecu- 1 tive days’’; and 2 (v) in subparagraph (D), by striking 3 ‘‘active duty’’ each place it appears and in- 4 serting ‘‘active service’’; and 5 (C) in paragraph (2)(B), by striking ‘‘ac- 6 tive duty’’ each place it appears and inserting 7 ‘‘active service’’. 8 (b) APPLICABILITY.—The amendments made by sub- 9 section (a)(1) shall apply to an economic injury suffered 10 or likely to be suffered as the result of an essential em- 11 ployee being ordered to perform active service (as defined 12 in section 101(d)(3) of title 10, United States Code) for 13 a period of more than 30 consecutive days who is dis- 14 charged or released from such active service on or after 15 the date of enactment of this Act. 16 (c) SEMIANNUAL REPORT.—Not later than 180 days 17 after the date of enactment of this Act, and semiannually 18 thereafter, the President shall submit to the Committee 19 on Small Business and Entrepreneurship and the Com- 20 mittee on Appropriations of the Senate and the Committee 21 on Small Business and the Committee on Appropriations 22 of the House of Representatives a report on the number 23 of loans made under the Military Reservist Economic In- 24 jury Disaster Loan program and the dollar volume of 25 VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 3661 RFS those loans. The report shall contain the subsidy rate of 1 the disaster loan program as authorized under section 7(b) 2 of the Small Business Act (15 U.S.C. 636(b)) with the 3 loans made under the Military Reservist Economic Injury 4 Disaster Loan program and without those loans included. 5 (d) TECHNICAL AND CONFORMING AMENDMENT.— 6 Section 8(l) of the Small Business Act (15 U.S.C. 637(l)) 7 is amended— 8 (1) by striking ‘‘The Administration’’ and in- 9 serting the following: 10 ‘‘(1) IN GENERAL.—The Administration’’; 11 (2) by striking ‘‘(as defined in section 12 7(n)(1))’’; and 13 (3) by adding at the end the following: 14 ‘‘(2) DEFINITION OF PERIOD OF MILITARY CON- 15 FLICT.—In this subsection, the term ‘period of mili- 16 tary conflict’ means— 17 ‘‘(A) a period of war declared by the Con- 18 gress; 19 ‘‘(B) a period of national emergency de- 20 clared by the Congress or by the President; or 21 ‘‘(C) a period of a contingency operation, 22 as defined in section 101(a) of title 10, United 23 States Code.’’. 24 VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 3661 RFS SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 1 The budgetary effects of this Act, for the purpose of 2 complying with the Statutory Pay-As-You-Go Act of 2010, 3 shall be determined by reference to the latest statement 4 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 5 Act, submitted for printing in the Congressional Record 6 by the Chairman of the House Budget Committee, pro- 7 vided that such statement has been submitted prior to the 8 vote on passage. 9 Passed the House of Representatives November 13, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:01 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3661.RFS H3661 pamtmann on DSKBC07HB2PROD with BILLS