,i #aacth ,,congress #ast ,session ,h4 ,r4 #bifa ,,in ,,the ,,house ,,of ,,representatives ,august #a1 #bjac ,mr4 ,pascrell 7for himself and ,mr4 ,runyan7 introduced the following bill2 which was referred to the ,committee on ,financial ,services1 and in addition to the ,committee on ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,truth in ,lending ,act and the ,higher ,education ,act of #aife to require additional disclosures and protections for students and cosigners with respect to student loans1 and for other purposes4 #a4 ,short title2 ,findings 7a7 ,short title ,this ,act may be cited as the ,christopher ,bryski ,student ,loan ,protection ,act or ,christopher's ,law4 7b7 ,findings ,congress finds the following3 7#a7 ,no requirement exists for private educational lenders' promissory notes to include a clear and conspicuous description of the responsibilities of a borrower and cosigner in the event the borrower or cosigner becomes disabled1 incapacitated1 or dies4 7#b7 ,according to the ,annual ,report of the ,bureau of ,consumer ,financial ,protection 7,,cfpb7 ,student ,loan ,ombudsman1 dated ,october #af1 #bjab3 7,a7 ,in less than seven months1 the ,,cfpb has handled approximately #b1ijj private student loan complaints44 7,b7 ,co-signers complain that information about discharge or alternative arrangements in the case of death of the primary borrower is not readily available and that decisions are made on a case-by-case basis1 giving co-signers little understanding of how the process works1 or if they will be successful44 7,c7 ,the complaints and input received by the ,,cfpb resemble many of the same issues experienced by mortgage borrowers1 such as improper application of payments1 untimeliness in error resolution1 and inability to contact appropriate personnel in times of hardship44 7,d7 ,the difference between federal and private student loans in periods of disability was not well-understood44 7,e7 ,there are at least #h billion of private student loans in default1 representing more than #hej1jjj individual loans44 7,f7 ,while lenders do provide the terms of agreement in promissory notes1 including associated benefits and protections1 many borrowers state they were unaware of the categorical differences between federal and private protections44 7#c7 ,no requirement exists for a private education loan borrower to designate an alternate point of contact on their account in the event of their death or permanent disability4 7#d7 ,an estimated #a1gjj1jjj people sustain a traumatic brain injury each year1 with older adolescents aged #ae to #ai years old more likely to sustain a traumatic brain injury than other age groups4 7#e7 ,it has been estimated that the annual incidence of spinal cord injury1 not including those who die at the scene of an accident1 is approximately #dj cases per #a1jjj1jjj people in the ,united ,states or approximately #ab1jjj new cases each year4 ,these injuries can lead to permanent disability or loss of movement and can prohibit the victim from engaging in any substantial gainful activity4 7#f7 ,in the #bjjg-bjjh academic year1 #ac percent of students attending a #d-year public institution of higher education1 and #bf4b percent of students attending a #d-year private institution of higher education1 borrowed monies from private educational lenders4 7#g7 ,according to ,sallie ,mae1 in #bjji1 the percentage of cosigned private education loans increased from #ff percent to #hd percent of all private education loans4 #b4 ,additional student loan protections 7a7 ,in general ,section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7 is amended by adding at the end the following3 7g7 ,additional protections relating to death or disability of borrower or cosigner of a private education loan 7#a7 ,clear and conspicuous description of borrower's and cosigner's obligation ,in the case of any private educational lender who extends a private education loan1 the lender shall clearly and conspicuously describe1 in writing1 the cosigner's obligations with respect to the loan1 including the effect the death1 disability1 or inability to engage in any substantial gainful activity of the borrower or any cosigner would have on any such obligation1 in language that the ,bureau determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan4 7#b7 ,designation of individual to act on behalf of the borrower ,in the case of any private educational lender who extends a private education loan1 the lender shall require the borrower to designate an individual to have the legal authority to act on behalf of the borrower with respect to the private education loan in the event of the borrower's death1 disability1 or inability to engage in any substantial gainful activity4 7#c7 ,counseling ,in the case of any private educational lender who extends a private education loan1 the lender shall ensure that the borrower1 and any cosigner1 receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan1 including the information described under section #dhe7l77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7l77#b774 7#d7 ,model form ,the ,bureau shall publish a model form under section #aje for describing a cosigner's obligation for purposes of paragraph 7#a74 7#e7 ,definition of death1 disability1 or inability to engage in any substantial gainful activity ,for the purposes of this subsection with respect to a borrower or cosigner1 the term death1 disability1 or inability to engage in any substantial gainful activity-- 7,a7 means any condition described in section #dcg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg7;a772 and 7,b7 shall be interpreted by the ,bureau in such a manner as to conform with the regulations prescribed by the ,secretary of ,education under section #dcg7;a7 of such ,act 7#bj ,u4,s4,c4 #ajhg7;a77 to the fullest extent practicable1 including safeguards to prevent fraud and abuse4 4 7b7 ,definitions ,subsection 7a7 of section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej7;a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#h7 as paragraphs 7#b7 through 7#i71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as redesignated by paragraph 7#a77 the following3 7#a7 the term cosigner-- 7,a7 means any individual who is liable for the obligation of another without compensation1 regardless of how designated in the contract or instrument2 7,b7 includes any person whose signature is requested as condition to grant credit or to forbear on collection2 and 7,c7 does not include a spouse of an individual referred to in subparagraph 7,a7 whose signature is needed to perfect the security interest in the loan2 4 7c7 ,rulemaking ,not later than the end of the #a-year period following the date of the enactment of this ,act1 the ,bureau of ,consumer ,financial ,protection shall issue regulations to carry out section #adj7;g7 of the ,truth in ,lending ,act4 #c4 ,federal student loans 7a7 ,counseling information ,section #dhe7l77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7l77#b77 is amended by adding at the end the following3 7,l7 ,information on the conditions required to discharge the loan due to the death1 disability1 or inability to engage in any substantial gainful activity of the borrower in accordance with section #dcg7;a71 and an explanation that1 in the case of a private education loan made through a private educational lender 7as such terms are defined in section #adj of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afej771 the borrower1 the borrower's estate1 and any cosigner of such a private education loan may be obligated to repay the full amount of the loan1 regardless of the death or disability of the borrower or any other condition described in section #dcg7;a74 7,m7 ,any repayment1 refinance1 deferment1 forbearance1 or forgiveness opportunities available to the borrower1 or cosigner1 in the event of either individual's death1 disability1 or inability to engage in any substantial gainful activity4 7,n7 ,the effect that the death1 disability1 or inability to engage in any substantial gainful activity of the borrower would have on the obligations of the borrower and any cosigner of the loan4 4 7b7 ,designation of individual ,to act on behalf of the borrower ,section #dhd7;a77#d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;a77#d77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon2 7#b7 in subparagraph 7,b71 by inserting and after the semicolon2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 a designation by such student of an individual who shall have the legal authority to act on behalf of the student with respect to any loan to the student under this title in the event of the student's death1 disability1 or inability to engage in any substantial gainful activity2 4