PlainBillCongress, translated.Legislation. Context. Public interest.Became Public Law No: 110-438.
Congressional Research Service
Version 49 · Public Law · Oct 20, 2008
(This measure has not been amended since it was reported to the Senate on September 15, 2008. The summary of that version is repeated here.)
National Guard and Reservists Debt Relief Act of 2008 - (Sec. 2) Amends federal bankruptcy law to prohibit the bankruptcy court from dismissing or converting a chapter 7 liquidation case based upon means testing if the debtor, after September 11, 2001, was called to active duty or homeland defense activity while a member of a reserve component of the Armed Forces or a member of the National Guard, and such debtor is: (1) on active duty for a specified period; or (2) performing a homeland defense activity for a specified period.
(Sec. 3) Directs the Comptroller General to study and report to Congress on whether and to what degree members of reserve components of the Armed Forces and the National Guard: (1) avail themselves of the benefits of this Act; (2) are debtors in federal bankruptcy cases substantially related to service that qualifies them for such benefits ; and (3) are debtors in federal bankruptcy cases materially related to such service.
Showing the opening paragraphs of the official summary.
Requires such study to include the effects that the use of this Act by such members has upon: (1) the bankruptcy system; (2) creditors; and (3) the debt-incurrence practices of such members.
Prescribes mandatory factors for consideration in such report.
People & committees
Sen. Durbin, Richard J. [D-IL] · D–IL
Legislative record
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Became Public Law No: 110-438.
Became Public Law No: 110-438.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Cleared for White House.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682). (text: CR 10/2/2008 H10648-10649)
House roll call 682 · Individual votesPassed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 411 - 0 (Roll no. 682).(text: CR 10/2/2008 H10648-10649)
House roll call 682 · Individual votesConsidered as unfinished business. (consideration: CR H10806-10807)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on S. 3197.
Considered under suspension of the rules. (consideration: CR H10648-10653; text of measure as introduced: CR H10648-10649)
Mr. Conyers moved to suspend the rules and pass the bill.
Held at the desk.
Received in the House.
Message on Senate action sent to the House.
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S10186-10187; text as passed in Senate: CR S10186-10187)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S10186-10187; text as passed in Senate: CR S10186-10187)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 963.
Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
Committee on the Judiciary. Ordered to be reported with an amendment favorably.
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6166-6167)
Sponsor introductory remarks on measure. (CR S6166)
Introduced in Senate
Primary sources
Text links open the official source. We currently store references to these documents.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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Analyze S.3197 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine S.3197 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine S.3197 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
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