S.Amdt. 3509

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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