H.R. 770 – Discharge Student Loans in Bankruptcy Act of 2019

AI-Generated Summary

Updated April 14, 2026 at 12:59 AM UTC

The Discharge Student Loans in Bankruptcy Act of 2019 would change federal bankruptcy law so that federal student loans can be discharged like other debts. By removing the existing exemption that protects student loans from discharge, the bill would let borrowers eliminate their student loan balances in bankruptcy. The changes would apply to all bankruptcy cases filed after the law takes effect.

Key Provisions

Deletes the provision in the bankruptcy code that currently bars student loans from being discharged, effectively allowing them to be wiped out in a Chapter 7 or Chapter 13 case.
Renumbers the remaining paragraphs in that section to keep the code organized after the deletion.
Updates other parts of the bankruptcy code that refer to the deleted paragraph so they point to the new numbering.
Makes the changes effective immediately for any bankruptcy cases filed on or after the law’s enactment.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

March 5, 2019

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HouseIntro Referral

Introduced in House

January 24, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 24, 2019

HouseCommittee

Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.

Administrative State, Regulatory Reform, and Antitrust Subcommittee

March 5, 2019

Floor Debate

1 member

What members said about H.R. 770 on the floor

1 Republican

Sen. Michael B. EnziR-WY · Jun 26, 2019

Mr. President, I wish submit to the Senate the budget scorekeeping report for June 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the…

Mr. President, I wish submit to the Senate the budget scorekeeping report for June 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018 BBAl8. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my fifth scorekeeping report this year. My last filing can be found in the Congressional Record for May 22, 2019. The information included in this report is current through June 24, 2019.

Since my last filing, Congress has cleared three pieces of legislation with significant budgetary effects. The first, the Additional Supplemental Appropriations for Disaster Relief Act, 2019, P.L. 116-20, provided $19.1 billion in emergency discretionary appropriations to address recent natural disasters. The second, the Blue Water Navy Vietnam Veterans Act of 2019, H.R. 299, increased compensation for certain veterans and modified veteran home loan programs. The final bill, the Taxpayer First Act, H.R. 3151, modified several rules that govern the organization of and operations at the Internal Revenue Service.

Budget Committee Republican staff prepared Tables A-C.

Table A gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the Fiscal Year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. For this reporting period, 9 of the 16 authorizing committees are not in compliance with their allocations. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.6 billion. Of the bills clearing Congress this reporting period, H.R. 299 added to the Veterans' Affairs Committee's existing violations, including an increase in spending of $394 million over the 10-year window, while H.R. 3151 reduced spending scoreable to the Finance Committee by $201 million over the same time period.

Table B provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for Fiscal Year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for the current fiscal year. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The Fiscal Year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMP. Table C, which tracks the CHIMP limit of $15 billion for Fiscal Year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for this Fiscal Year.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For Fiscal Year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. These figures remain unchanged since the May Scorekeeping Report, as the appropriation provided in P.L. 116-20 was accompanied by a concurrent and equivalent increase in aggregate spending levels pursuant to section 314 of the CBA. This adjustment can be found in the Congressional Record for May 23, 2019. Further, Social Security revenues are at the levels assumed for Fiscal

Year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in Fiscal Year 2019 of $1,957 million, $427 million revenue loss, $1,530 million outlay increase; over the Fiscal Year 2018-2023 period of $3,412 million, $907 million revenue loss, $2,505 million outlay increase; and over the Fiscal Year 2018-2028 period of $800 million, $798 million revenue loss, $2 million outlay increase. During this reporting period, H.R. 3151 had the effect of reducing deficits by $37 million over both the Fiscal Year 2018-2023 and Fiscal Year 2018-2028 periods, while H.R. 299 increased deficits by $76 million and $394 million over the same periods, respectively.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised. On May 23, 2019, however, a Senator made a preemptive motion to waive all applicable points of order against the supplemental appropriations bill that would become P.L. 116-20.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Sen. Michael B. EnziR-WY · Feb 27, 2019

Mr. President, I wish to submit to the Senate the budget scorekeeping report for February 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to…

Mr. President, I wish to submit to the Senate the budget scorekeeping report for February 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my second scorekeeping report this year. My last filing can be found in the Congressional Record for January 10, 2019. The information included in this report is current through February 25, 2019.

Since my last filing, two bills with significant budgetary effects cleared Congress, the Medicaid Extenders Act of 2019, P.L. 116-3, and the Consolidated Appropriations Act, 2019, P.L. 116-6.

Budget Committee Republican staff prepared Tables 1-3.

Table 1 gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the most recently adopted budget resolution and the fiscal year 2019 enforceable levels filing. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, as in my last report, 8 of the 16 authorizing committees are not in compliance with their allocations. Two of these committees, Finance and Judiciary, further exacerbated their violations during this work period with the passage of Medicaid Extenders and the authorizing division, Division H, of the final 2019 appropriations bill, respectively. For the Finance Committee, P.L. 116-3 was estimated to increase budget authority over each enforceable period for its allocation, with the largest violation, $120 million, occurring in 2019. For the Judiciary Committee, Division H of P.L. 116-6, which included various immigration extenders, was estimated to increase budget authority and outlays by $30 million over the next 10 years.

Table 2 provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for fiscal year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for fiscal year 2019. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The fiscal year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table 3, which tracks the CHIMP limit of $15 billion for fiscal year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for fiscal year 2019. The fiscal year 2019 CHIMPs were contained in the Labor, Health and Human Services, Education and Related Agencies division of P.L. 115-245 and the Commerce, Justice, Science, and Related Agencies division of P.L. 116- 6. This information is used for determining the point of order under section 4102, overall limit, of H. Con. Res. 71, 115th Congress.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For fiscal year 2019, CBO estimates that current-law levels are $2.8 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for fiscal year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in fiscal year 2019 of $1,930 million--$427 million revenue loss, $1,503 million outlay increase--over the fiscal year 2018-2023 period of $3,337 million--$894 million revenue loss, $2,443 million outlay increase--and over the fiscal year 2018-2028 period of $425 million-- $634 million revenue loss, $209 million outlay decrease. During this work period, one bill, the Consolidated Appropriations Act, 2019, included a statutory exemption for the budgetary effects of its Division H from the Senate's PAYGO scorecard. The Senate's PAYGO rule is enforced by section 4106 of H. Con. Res. 71, 115th Congress.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Sen. Michael B. EnziR-WY · Apr 10, 2019

Mr. President, I rise to submit to the Senate the budget scorekeeping report for April 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in…

Mr. President, I rise to submit to the Senate the budget scorekeeping report for April 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my third scorekeeping report this year. My last filing can be found in the Congressional Record for February 27, 2019. The information included in this report is current through April 8, 2019.

Since my last filing, three bills with significant budgetary effects cleared Congress, the Pesticide Registration Improvement Extension Act of 2018, P.L. 116-8; the John D. Dingell, Jr. Conservation, Management, and Recreation Act, P.L. 116-9; and the Medicaid Services Investment and Accountability Act of 2019, H.R. 1839.

Budget Committee Republican staff prepared Tables 1-3.

Table 1 gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the fiscal year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, as in my last report, 8 of the 16 authorizing committees are not in compliance with their allocations. One of these committees, Finance, further exacerbated its violations this work period with the passage of the Medicaid Services Investment and Accountability Act. CBO estimates that this measure will increase mandatory spending for all enforceable periods, including an increase in outlays of $27 million over the Fiscal Year 2019-2028 period. The Agriculture Committee reduced the size of its violations with the passage of the Pesticide Registration Improvement Extension Act, which CBO scores as reducing outlays by $5 million in Fiscal Year 2019 and by $23 million over the Fiscal Year 2019-2023 period. The Energy and Natural Resources Committee, which was not in breach of its allocation for the last reporting cycle, continued to reduce spending with the passage of the John D. Dingell, Jr. Conservation, Management, and Recreation Act. CBO estimates that this measure will reduce spending by $10 million over both the 5- and 10-year enforceable windows. This savings is credited to its allocation, as shown in the table.

Tables 2 provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for Fiscal Year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for Fiscal Year 2019. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The Fiscal Year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table 3, which tracks the CHIMP limit of $15 billion for Fiscal Year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for Fiscal Year 2019.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For Fiscal Year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for Fiscal Year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in Fiscal Year 2019 of $1,957 million--$427 million revenue loss, $1,530 million outlay increase; over the Fiscal Year 2018-2023 period of $3,373 million--$894 million revenue loss, $2,479 million outlay increase; and over the Fiscal Year 2018-2028 period of $442 million, $634 million revenue loss, $192 million outlay decrease.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Sen. Michael B. EnziR-WY · Jan 10, 2019

Mr. President, I wish to submit to the Senate the budget scorekeeping report for January 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in…

Mr. President, I wish to submit to the Senate the budget scorekeeping report for January 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my first scorekeeping report this year. My last filing can be found in the Congressional Record for November 15, 2018. That report included final budgetary levels for fiscal year 2018. The information included in this report is current through January 7, 2019.

Several bills have cleared Congress since my last filing. The three with the largest direct spending and revenue effects were the Frank LoBiondo Coast Guard Authorization Act of 2018, P.L. 115-282; the Agriculture Improvement Act of 2018, P.L. 115-334; and the First Step Act, P.L. 115-391.

Budget Committee Republican staff prepared Tables 1-3.

Table 1 gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the most recently adopted budget resolution and the fiscal year 2019 enforceable levels filing. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. For this reporting period, 8 of the 16 authorizing committees are not in compliance with their allocations. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion.

Tables 2 provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for fiscal year 2019, displayed in this table, show that the Appropriations Committee is currently compliant with spending limits for fiscal year

2019. As of this filing, 7 of the 12 annual appropriations bills have not been enacted with full-year spending.

The fiscal year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPS. Table 3, which tracks the CHIMP limit of $15 billion for fiscal year 2019, shows the Appropriations Committee has enacted $7.7 billion worth of full-year CHIMPs for fiscal year 2019. The fiscal year 2019 CHIMPs were contained in the Labor, Health and Human Services, Education and Related Agencies division of P.L. 115-245. This information is used for determining the point of order under section 4102, overall limit, of H. Con. Res. 71, 115th Congress.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For fiscal year 2019, CBO annualizes the effects of the last continuing resolution, P.L. 115245, which provided funding through December 21, 2018. For the enforcement of budgetary aggregates, the Budget Committee historically excludes temporary funding. As such, the current-law levels are $305.5 billion and $196.7 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $302 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for fiscal year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in FY 2019 of $1,797 million--$302 million revenue loss, $1,495 million outlay increase--over the fiscal year 2018-2023 period of $3,045 million--$665 million revenue loss, $2,380 million outlay increase--and over the fiscal year 2018-2028 period of $416 million--$625 million revenue loss, $209 million outlay decrease. The Senate's PAYGO rule is enforced by section 4106 of H. Con. Res. 71, 115th Congress.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the May 7, 2018, enforcement filing. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Sen. Michael B. EnziR-WY · May 22, 2019

Mr. President, I wish to submit to the Senate the budget scorekeeping report for May 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the…

Mr. President, I wish to submit to the Senate the budget scorekeeping report for May 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation.

The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my fourth scorekeeping report this year. My last filing can be found in the Congressional Record for April 10, 2019. The information included in this report is current through May 20, 2019.

Since my last filing, Congress has cleared only one measure, S. 1436, a bill to make technical corrections to the computation of average pay under Public Law 110-279, with significant budgetary effects. This bill made changes to the calculation of retirement benefits for certain employees who staff the dining services for the U.S. Senate. Those services were privatized in 2008.

Budget Committee Republican staff prepared tables A-C.

Table A gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the fiscal year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, 9 of the 16 authorizing committees are not in compliance with their allocations. As a result of passage of S. 1436, the Senate Committee on Rules and Administration is now in violation of its allocation for both budget authority and outlays over the fiscal year 2019-2028 period.

Table B provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for fiscal year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for the current fiscal year. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The fiscal year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table C, which tracks the CHIMP limit of $15 billion for fiscal year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for this fiscal year.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For fiscal year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for fiscal year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in fiscal year 2019 of $1,957 million, $427 million revenue loss, $1,530 million outlay increase; over the fiscal year 2018-2023 period of $3,373 million, $894 million revenue loss, $2,479 million outlay increase; and over the fiscal year 2018-2028 period of $443 million, $634 million revenue loss, $191 million outlay decrease.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Bill Text

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Introduced in HouseIssued January 24, 2019

I

116th CONGRESS

1st Session

H. R. 770

IN THE HOUSE OF REPRESENTATIVES

January 24, 2019

Mr. Katko (for himself, Mrs. Dingell, and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 11 of the United States Code to make student loans dischargeable.

1.

Short title

This Act may be cited as the Discharge Student Loans in Bankruptcy Act of 2019.

2.

Exception to discharge

Section 523(a) of title 11, United States Code, is amended—

(1)

by striking paragraph (8); and

(2)

by redesignating paragraphs (9) through (14B) as paragraphs (8) through (14A), respectively.

3.

Conforming amendments

Title 11, United States Code, is amended—

(1)

in section 704(c)(1)(C)(iv)(I) by striking (14A) and inserting (14);

(2)

in section 1106(c)(1)(C)(iv)(I) by striking (14A) and inserting (14);

(3)

in section 1202(c)(1)(C)(iv)(I) by striking (14A) and inserting (14); and

(4)

in section 1328(a)(2) by striking (8), or (9) and inserting or (8).

4.

Effective date; application of amendments

(a)

Effective date

Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

(b)

Application of amendments

The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.