12 2 STA T .50 00 PUBLIC LA W 110 –438—O CT. 20 , 2008 PublicLaw1 1 0–438 110 thCongres s A n Act Abil l toamend title 1 1 ,U nited S tate sC ode, to e x em p t f o r a limited period, from t h e appli c ation of the means - test pres u mption of abuse under chapter 7 , q ualif y in g members of reser v e components of the Armed F orces and members of the N ational G uard w ho, after September 11, 20 01, are called to active duty or to perform a homeland defense activity for not less than 9 0 days .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ N ati on a lGu a r d and R eser v ists D ebt Relie f Act of 20 0 8’ ’ . SEC. 2 . AM EN D MENTS. S ection 7 07 ( b ) (2)(D) of title 1 1 ,U nited States C ode, is amended — (1) in clauses (i) and (ii)— (A) by indentin g the left margin of such clauses 2 ems to the right, and ( B ) by redesignating such clauses as subclauses ( I ) and (II), res p ectively, (2) by stri k ing ‘‘testing, if the debtor is a disabled veteran’’ and inserting the follo w ing
‘‘testing— ‘‘(i) if the debtor is a disabled veteran’’, ( 3 ) by striking the period at the end and inserting ‘‘
or’’, and ( 4 ) by adding at the end the following: ‘‘(ii) with respect to the debtor, while the debtor is— ‘‘(I) on, and during the 5 40 - day period beginning imme- diately 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 9 0 days; or ‘‘(II) performing, and during the 540-day period begin- ning 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; if after September 11, 2001, the debtor while a member of a reserve component of the Armed F orces or a member of the National Guard, was called to such active duty or performed such homeland defense activity.’’. SEC. 3 . G AO ST U D Y . (a) C OMPTR O L L E RGE N ER A LST UDY .—Not later than 2 years after the effective date of this Act, the Comptroller General shall Deadlin e .1 1 USC 1 0 1n ot e. N ational Gu a r d and R e s er v ists De b t Relie fAc t of 2 00 8 . B an k ru p tc y . O ct. 20 , 2008 [ S. 3 1 97]
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