[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[Senate]
[Page S5388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3601. 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 Act may be used to contest a claim, or to 
     pay any contractor of the Federal Government that contests 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 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 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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