S.Amdt. 4719Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4719
Sponsored by
Sen. Sherrod Brown (D-OH)
Submitted November 16, 2021
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Senate amendment submitted
November 16, 2021
Text
Submitted
SA 4719. Mr. BROWN (for himself and Mr. Casey) submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 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, insert the following: SEC. ____. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF DEATH OR TOTAL AND PERMANENT DISABILITY. (a) In General.--Section 140(g) of the Truth in Lending Act (15 U.S.C. 1650(g)) is amended-- (1) in paragraph (2)-- (A) in the heading, by striking ``in case of death of borrower''; an (B) by striking ``death'' each place the term appears and inserting ``death or total and permanent disability''; (2) by adding at the end the following: ``(3) Discharge in case of death or total and permanent disability of borrower.--The holder of a private education loan shall, when notified of the death or total and permanent disability of a student obligor, discharge the liability of the student obligor on the loan and may not, after such notification-- ``(A) attempt to collect on the outstanding liability of the student obligor; and ``(B) in the case of total and permanent disability, monitor the disability status of the student obligor at any point after the date of discharge. ``(4) Private discharge in cases of certain discharge for death or disability.--The holder of a private education loan shall, when notified of the discharge of liability of a student obligor on a loan described under section 108(f)(5)(A) of the Internal Revenue Code of 1986, discharge any liability of the student obligor (and any cosigner) on any private education loan which the private education loan holder holds and may not, after such notification-- ``(A) attempt to collect on the outstanding liability of the student obligor; and ``(B) in the case of total and permanent disability, monitor the disability status of the student obligor at any point after the date of discharge. ``(5) Definition.--In this subsection, the term `total and permanent disability' has the meaning given the term `totally and permanently disabled' in section 685.102(b) of title 34, Code of Federal Regulations.''. (b) Rulemaking.--The Director of the Bureau of Consumer Financial Protection may promulgate regulations to implement the amendments made by subsection (a) as the Director determines appropriate. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. ______