[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Page S5307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3509. Mr. DURBIN (for himself, Ms. Warren, Mr. Whitehouse, Mrs. 
Gillibrand, and Mr. Blumenthal) submitted an amendment intended to be 
proposed to amendment SA 3399 proposed by Mr. Shelby to the bill H.R. 
6147, making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year ending September 
30, 2019, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Undue Hardship.--No funds made available in 
     this or any other appropriations Act may be used, including 
     by any contractor of the Federal Government, to contest a 
     claim that is made--
       (1) in any proceeding under section 523(a)(8) of title 11, 
     United States Code, that excepting a debt from discharge 
     would constitute an undue hardship; ; and
       (2) by a debtor who--
       (A) is receiving benefits under title II of the Social 
     Security Act (42 U.S.C. 401 et seq.) or title XVI of that Act 
     (42 U.S.C. 1381 et seq.) on the basis of disability;
       (B) has been determined by the Secretary of Veterans 
     Affairs to be unemployable due to a service-connected 
     disability;
       (C) is a family caregiver of an eligible veteran pursuant 
     to section 1720G of title 38;
       (D) is a member of a household that has a gross income that 
     is less than 200 percent of the poverty line, and provides 
     for the care and support of an elderly, disabled, or 
     chronically ill member of the household of the debtor or 
     member of the immediate family of the debtor;
       (E) is a member of a household that has a gross income that 
     is less than 200 percent of the poverty line, and the income 
     of the debtor is solely derived from benefit payments under 
     section 202 of the Social Security Act (42 U.S.C. 402); or
       (F) during the 5-year period preceding the filing of the 
     petition (exclusive of any applicable suspension of the 
     repayment period), was not enrolled in an education program 
     and had a gross income that was less than 200 percent of the 
     poverty line during each year during that period.
       (b) Definition.--In this section, the term ``poverty line'' 
     means the poverty line (as defined by the Office of 
     Management and Budget and revised annually in accordance with 
     section 673(2) of the Community Services Block Grant Act (42 
     U.S.C. 9902(2)) applicable to a household of the size 
     involved.
       (c) 85/15 Rule.--Notwithstanding any other provision of 
     law, for fiscal years 2019 through 2028, no funds made 
     available in this or any other appropriations Act shall be 
     provided, directly or indirectly, to any proprietary 
     institution of higher education (as defined in section 102(b) 
     of the Higher Education Act of 1965 (20 U.S.C. 1002(b))) that 
     derives less than 15 percent of the institution's revenue 
     from sources other than Federal financial assistance provided 
     under this or any other appropriations Act or any other 
     Federal law, through a grant, contract, subsidy, loan, 
     guarantee, insurance, or other means, including Federal 
     financial assistance that is disbursed or delivered to an 
     institution or on behalf of a student or to a student to be 
     used to attend the institution, except that such assistance 
     shall not include any monthly housing stipend provided under 
     the Post-9/11 Educational Assistance Program under chapter 33 
     of title 38, United States Code.
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