S 1153 — Stop Student Debt Relief Scams Act of 2019

[Congressional[116th BillsCongress 116thPublic Congress]Law 251] [From the U.S.

Government Publishing Office] [S.[[Page 134 STAT.

11531129]] EngrossedPublic inLaw Senate116-251 (ES)]116th <DOC>Congress 116thAn CONGRESSAct 2dTo Sessionexplicitly S.make unauthorized access to Department of Education information technology systems and the misuse of identification devices issued by the Department of Education a criminal act.

1153<<NOTE: _______________________________________________________________________ AN ACT To explicitly make unauthorized access to Department of Education information technology systems and the misuse of identification devices issued by the Department of Education a criminal act.

BeDec. it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

22, - [S.

1153]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:

Stop Student Debt Relief Scams Act of 2019.

20 USC 1001 note.>> SECTION 1.

``(e) Access to Department of Education Information Technology Systems for Fraud, Commercial Advantage, or Private Financial Gain.--Gain.--Any Any person who knowingly uses an access device, as defined in section 1029(e)(1) of title 18, United States Code, issued to another person or obtained by fraud or false statement to access Department information technology systems for purposes of obtaining commercial advantage or private financial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State, shall be fined not more than $20,000, imprisoned for not more than 5 years, or both.''.

(b) Guidance.--The<<NOTE: Secretary shall issue guidance regarding the use of access devices in a manner that complies with this Act, and the amendments made by this Act.

(c)20 EffectiveUSC Date1097 ofnote.>> Penalties.--NotwithstandingGuidance.--The sectionSecretary 6,shall issue guidance regarding the penaltiesuse describedof access devices in sectiona 490(e)manner ofthat thecomplies Higherwith Educationthis ActAct, ofand (20the U.S.C.amendments made by this Act.

(c) <<NOTE:

20 USC 1097 note.>> Effective Date of Penalties.-- Notwithstanding section 6, the penalties described in section 490(e) of the Higher Education Act of 1965 (20 U.S.C.

``(x) an explanation that-- ``(I)[[Page the134 borrowerSTAT. may be contacted during the repayment period by third- party student debt relief companies;

1130]] ``(I) the borrower may be contacted during the repayment period by third- party student debt relief companies;

``(e) Requirements for Third-Party Data System Access.-- ``(1) In general.--As provided in paragraph (7) of subsection (d), an authorized person or entity described in paragraph (2) may access the data system and any other system used to administer a program under this title if that access-- ``(A) is<<NOTE: in compliance with terms of service, information security standards, and a code of conduct which shall be established by the Secretary and published in the Federal Register;

Federal Register, publication.>> is in compliance with terms of service, information security standards, and a code of conduct which shall be established by the Secretary and published in the Federal Register;

``(2) Authorized<<NOTE: person or entity.--An authorized person or entity described in this paragraph means-- ``(A) a guaranty agency, eligible lender, or eligible institution, or a third-party organization acting on behalf of a guaranty agency, eligible lender, or eligible institution, that is in compliance with applicable Federal law (including regulations and guidance);

orDefinition.>> ``(B)Authorized aperson licensedor attorneyentity.-- representingAn aauthorized student,person borrower, or parent,entity ordescribed anotherin individualthis whoparagraph worksmeans-- for``(A) a Federal,guaranty State,agency, local,eligible lender, or Tribaleligible governmentinstitution, or agency, or for a nonprofitthird-party organization,organization providingacting financialon orbehalf studentof loana repaymentguaranty counselingagency, toeligible alender, student, borrower, or parent,eligible if--institution, ``(i) that attorneyis or other individual has never engaged in unfair,compliance deceptive,with orapplicable abusiveFederal practices,law as(including determinedregulations byand theguidance); Secretary;

or ``(B) <<NOTE:

Determinations.>> a licensed attorney representing a student, borrower, or parent, or another individual who works for a Federal, State, local, or Tribal government or agency, or for a nonprofit organization, providing financial or student loan repayment counseling to a student, borrower, or parent, if-- [[Page 134 STAT.

1131]] ``(i) that attorney or other individual has never engaged in unfair, deceptive, or abusive practices, as determined by the Secretary;

and ``(iv) providing clear and simple disclosures in communications with borrowers who are applying for or requesting assistance with Federal Direct Loan programs (including assistance or applications regarding income-income-driven driven repayment, forbearance, deferment, consolidation, rehabilitation, cancellation, and forgiveness) to ensure that borrowers are aware that the Department will never require borrowers to pay for such assistance or applications.''.

SEC.[[Page 134 STAT.

1132]] SEC.

EFFECTIVE<<NOTE: DATE.

20 USC 1018 note.>> EFFECTIVE DATE.

PassedApproved the Senate December 1,22, 2020.

Attest:LEGISLATIVE HISTORY--S.

Secretary.1153:

116th--------------------------------------------------------------------------- CONGRESSCONGRESSIONAL 2dRECORD, SessionVol. S.

1153166 _______________________________________________________________________(2020): AN ACT To explicitly make unauthorized access to Department of Education information technology systems and the misuse of identification devices issued by the Department of Education a criminal act.

Dec.

1, considered and passed Senate.

Dec.

7, considered and passed House.

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