; and (II) the term private education loan has the meaning given the term in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). . 5. Improved consumer protections for private education loans Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) ), as amended by section 3, is further amended— (1) by adding at the end the following: (19) Discharge of private education loans in the event of death or disability of the borrower Each private education loan shall include terms that provide that the liability to repay the loan shall be cancelled— (A) upon the death of the borrower; (B) if the borrower becomes permanently and totally disabled, as determined under section 437(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a)(1) ) and the regulations promulgated by the Secretary under that section