S.Amdt. 2116

SA 2116. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. INTEREST RATE LIMITATION ON DEBT ENTERED INTO
DURING MILITARY SERVICE TO CONSOLIDATE OR
REFINANCE STUDENT LOANS INCURRED BEFORE
MILITARY SERVICE.

(a) In General.--Subsection (a) of section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended--
(1) in paragraph (1), by inserting ``on debt incurred
before service'' after ``Limitation to 6 percent'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Limitation to 6 percent on debt incurred during
service to consolidate or refinance student loans incurred
before service.--An obligation or liability bearing interest
at a rate in excess of 6 percent per year that is incurred by
a servicemember, or the servicemember and the servicemember's
spouse jointly, during military service to consolidate or
refinance one or more student loans incurred by the
servicemember before such military service shall not bear an
interest at a rate in excess of 6 percent during the period
of military service.'';
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection, by inserting ``or (2)'' after ``paragraph
(1)''; and
(5) in paragraph (4), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
(b) Implementation of Limitation.--Subsection (b) of such
section is amended--
(1) in paragraph (1)(A), by striking ``the interest rate
limitation in subsection (a)'' and inserting ``an interest
rate limitation in paragraph (1) or (2) of subsection (a)'';
and
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``effective as of
date of order to active duty'' and inserting ``effective
date''; and
(B) by inserting before the period at the end the
following: ``in the case of an obligation or liability
covered by subsection (a)(1), or as of the date the
servicemember (or servicemember and spouse jointly) incurs
the obligation or liability concerned under subsection
(a)(2)''.
(c) Student Loan Defined.--Subsection (d) of such section
is amended by adding at the end the following new paragraph:
``(3) Student loan.--The term `student loan' means the
following:
``(A) A Federal student loan made, insured, or guaranteed
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
``(B) A private student loan as that term is defined
section 140(a) of the Truth in Lending Act (15 U.S.C.
1650(a)).''.
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