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[DOCID: f:s891is.txt]
107th CONGRESS
1st Session
S. 891
To amend the Truth in Lending Act with respect to extensions of credit
to consumers under the age of 21.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2001
Mr. Dodd introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Truth in Lending Act with respect to extensions of credit
to consumers under the age of 21.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Underage Consumer Credit Protection
Act of 2001''.
SEC. 2. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS.
Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is
amended by adding at the end the following:
``(6) Applications from underage consumers.--
``(A) Prohibition on issuance.--No credit card may
be issued to, or open end credit plan established on
behalf of, a consumer who has not attained the age of
21, unless the consumer has submitted a written
application to the card issuer that meets the
requirements of subparagraph (B).
``(B) Application requirements.--An application to
open a credit card account by an individual who has not
attained the age of 21 as of the date of submission of
the application shall require--
``(i) the signature of the parent, legal
guardian, or spouse of the consumer, or any
other individual having a means to repay debts
incurred by the consumer in connection with the
account, indicating joint liability for debts
incurred by the consumer in connection with the
account before the consumer has attained the
age of 21;
``(ii) submission by the consumer of
financial information indicating an independent
means of repaying any obligation arising from
the proposed extension of credit in connection
with the account; or
``(iii) proof by the consumer that the
consumer has completed a credit counseling
course of instruction by a nonprofit budget and
credit counseling agency approved by the Board
for such purpose.
``(C) Minimum requirements for counseling
agencies.--To be approved by the Board under
subparagraph (B)(iii), a credit counseling agency
shall, at a minimum--
``(i) be a nonprofit budget and credit
counseling agency, the majority of the board of
directors of which--
``(I) is not employed by the
agency; and
``(II) will not directly or
indirectly benefit financially from the
outcome of a credit counseling session;
``(ii) if a fee is charged for counseling
services, charge a reasonable fee, and provide
services without regard to ability to pay the
fee; and
``(iii) provide trained counselors who
receive no commissions or bonuses based on
referrals, and demonstrate adequate experience
and background in providing credit
counseling.''.
SEC. 3. REGULATORY AUTHORITY.
The Board of Governors of the Federal Reserve System may issue such
rules or publish such model forms as it considers necessary to carry
out section 127(c)(6) of the Truth in Lending Act, as added by this
Act.
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