[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50707-50709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19536]


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DEPARTMENT OF EDUCATION


Third-Party Access to the Department's Information Technology 
Systems and Notice of Criminal Penalties for Misuse of Access Devices

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice.

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SUMMARY: The U.S. Department of Education (Department) outlines the 
requirements for third-party access to the Department's Information 
Technology (IT) systems and establishes criminal penalties for misuse 
of access devices. Specifically, this notice sets forth the definition 
of an access device, the terms of service, the Code of Conduct, and 
information security standards, and provides notice of related criminal 
penalties.

DATES: This notice is applicable September 10, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Ruggless, Federal Student Aid, 
830 First Street NE, Union Center Plaza, Room 114B4, Washington, DC 
20202-5345. Telephone: (202) 377-4098. Email: <a href="/cdn-cgi/l/email-protection#a6ebcfc5cec7c3ca88f4d3c1c1cac3d5d5e6c3c288c1c9d0"><span class="__cf_email__" data-cfemail="430e2a202b22262f6d113624242f2630300326276d242c35">[email protected]</span></a>.
    Tamy Abernathy, Office of Postsecondary Education, 400 Maryland 
Avenue SW, 2C-129, Washington, DC 20202. Telephone: (202) 453-5970. 
Email: <a href="/cdn-cgi/l/email-protection#6e3a0f0317402f0c0b1c000f1a06172e0b0a40090118"><span class="__cf_email__" data-cfemail="b6e2d7dbcf98f7d4d3c4d8d7c2decff6d3d298d1d9c0">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: The Stop Student Debt Relief Scams Act of 
2019 (STOP Act) amended sections 141, 485B, and 490 of the Higher 
Education Act of 1965, as amended (HEA), on December 22, 2020, to 
prevent and address the improper use of access devices issued by the 
Department and establish criminal penalties for improper use. (Pub. L. 
116-251; 134 Stat. 1129-1132). Section 485B(e) of these HEA amendments 
includes provisions for the prevention of improper access to the 
Department's systems. Section 490(e) of these HEA amendments explicitly 
makes unauthorized access to the Department's IT systems and the misuse 
of identification devices issued by the Department a criminal act. 
Criminal penalties associated with the STOP Act are applicable one day 
after the date of publication of this notice. All other actions and 
information pursuant to these HEA amendments contained in this notice 
are applicable upon publication.
    The Department establishes, pursuant to section 2(b) of the STOP 
Act, the following definition of an access device, terms of service, 
information security standards, and Code of Conduct.

Definition of Access Device

    An access device, as defined in 18 U.S.C. 1029(e)(1), means any--
    (a) Card;
    (b) Plate;
    (c) Code;
    (d) Account number;
    (e) Electronic serial number;
    (f) Mobile identification number;
    (g) Personal identification number;
    (h) Other telecommunications service, equipment, or instrument 
identifier; or
    (i) Other means of account access that can be used alone or in 
conjunction with another access device--
    (1) To obtain money, goods, services, or any other thing of value; 
or
    (2) To initiate a transfer of funds (other than a transfer 
originated solely by paper instrument).

[[Page 50708]]

Terms of Service

    An authorized user must abide by the Code of Conduct and 
Information Security Standards for Department systems.

Acceptable Use of Systems

    (a) A person or entity may be granted access to, and use and share, 
the Department's assets, data, information resources, and information 
systems (collectively, the Department's information systems) only if 
the person or entity is an ``authorized user'' under paragraph (b) and 
only to the extent otherwise authorized pursuant to this section.
    (b) A person or entity may be granted access to the Department's 
information systems as an authorized user if the person or entity has a 
bona fide ``need to know'' the information or data contained in the 
Department's information systems and they are--
    (1) A student, borrower, or parent;
    (2) A guaranty agency, eligible lender, eligible institution, or a 
third-party organization acting on behalf of a guaranty agency, 
eligible lender, or eligible institution that complies with Federal law 
and requirements applicable to the Department's information systems; or
    (3) 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--
    (i) The attorney or other individual has never engaged in unfair, 
deceptive, or abusive practices, as determined by the Department;
    (ii) The attorney or other individual does not work for an entity 
that has engaged in unfair, deceptive, or abusive practices (including 
an entity that is owned or operated by a person or entity that engaged 
in such practices), as determined by the Department;
    (iii) System access is provided only through a separate point of 
entry issued to the attorney or other individual; and
    (iv) The attorney or other individual has written consent from the 
relevant student, borrower, or parent to access the system.
    (c) To access the Department's information systems, an authorized 
user must--
    (1) Read, understand, and sign the information system-specific 
Rules of Behavior;
    (2) Have valid and current access authorization issued by the 
Department;
    (3) Access the Department's information systems using an access 
device issued by the Department to the authorized user, and may not use 
an access device issued by the Department to a student, borrower, or 
parent. A student, borrower, or parent, including through a power of 
attorney, may not authorize a third party to use their access device; 
and
    (4) Comply with the terms of service, information security 
standards, and Code of Conduct.
    (d) No person or entity may access the Department's information 
systems for the purpose of assisting a student in managing loan 
repayment or applying for any repayment plan, consolidation loan, or 
other benefit authorized under title IV of the HEA, except as permitted 
under this ``Acceptable Use of Systems.''

Criminal Penalties

    Section 2 of the STOP Act, Public Law 116-251, amended section 490 
of the HEA (20 U.S.C 1097), by adding paragraph (e), which makes it a 
crime to knowingly use an access device that was issued to another 
person or obtained by fraud or false statement to access Department 
information technology systems for commercial advantage, private 
financial gain, criminal activity, or wrongful act violating United 
States or State law. A violator is subject to criminal penalties that 
include a fine of not more than $20,000, imprisonment for not more than 
five years, or both, beginning one day after the date of publication of 
this notice.

Code of Conduct

    This Code of Conduct identifies the acceptable rules of behavior 
for accessing the Department's information systems. Upon accessing the 
Department's information systems, all users will receive a notification 
warning banner similar to the following that requires them to 
acknowledge and agree to the Code of Conduct prior to being allowed 
further access:
    ``You are accessing a U.S. Federal Government computer system 
intended to be solely accessed by individual users expressly authorized 
to access the system by the U.S. Department of Education. Usage may be 
monitored, recorded, and/or subject to audit. For security purposes, 
and in order to ensure that the system remains available to all 
expressly authorized users, the U.S. Department of Education monitors 
the system to identify unauthorized users. Anyone using this system 
expressly consents to such monitoring and recording. Unauthorized use 
of this information system is prohibited and subject to criminal and 
civil penalties. Except as expressly authorized by the U.S. Department 
of Education, unauthorized attempts to access, obtain, upload, modify, 
change, and/or delete information on this system are strictly 
prohibited and are subject to criminal prosecution under 18 U.S.C. 
1030, and other applicable statutes, which may result in fines and 
imprisonment. This system may contain Personally Identifiable 
Information (PII), as defined by the Privacy Act of 1974, or other 
Controlled Unclassified Information as defined by 32 CFR 2002.
    For purposes of this system, unauthorized access includes, but is 
not limited to--
    (a) Any access by an employee or agent of a commercial entity, or 
other third party, who is not the individual user, for purposes of 
commercial advantage or private financial gain (regardless of whether 
the commercial entity or third party is providing a service to an 
authorized user of the system); and
    (b) Any access in furtherance of any criminal or tortious act in 
violation of the Constitution or laws of the United States or any 
State.
    If system monitoring reveals information indicating possible 
criminal activity, such evidence may be provided to law enforcement 
personnel. These Rules of Behavior identify responsibilities and 
expectations for all individuals accessing Federal Student Aid (FSA) 
systems. By accepting, you confirm that you have reviewed, acknowledge, 
and agree to the following Rules of Behavior:
    (a) You must protect all of the Department's information systems, 
including the Department's data and information in your possession, 
from access by, or disclosure to, unauthorized individuals or entities.
    (b) Your User ID, password, and other credentials are unique and 
only assigned to the specified authorized user.
    (1) Your User ID, password, and other credentials serve as an 
electronic signature for signing fiduciary documents committing you to 
financial obligations.
    (2) Your User ID, password, and other credentials are for official 
Department business only.
    (c) You must never give your User ID, password, or other 
credentials to another person, including your supervisor(s). Any 
information retrieved from the Department's information systems may be 
shared only with individuals expressly authorized to receive this 
information.
    (d) You must access only systems, networks, data, control 
information, and software for which you have been

[[Page 50709]]

authorized by the U.S. Department of Education.
    (e) If you are a third party representing an authorized user under 
paragraph (b) of the ``Acceptable Use of Systems,'' you must be issued 
your own unique User ID, password, or credentials; at no time is a 
third party authorized to use another individual's unique User ID, 
password, or credentials. A user may not authorize a third party to use 
their User ID, password, or credentials, including through a power of 
attorney.
    (f) You are individually responsible for ensuring that data/
information obtained from the Department's information systems is not 
used improperly. A legitimate reason must be present to view data/
information contained within the Department's information systems.
    (g) You must change your password immediately and notify the 
appropriate security personnel if your password is compromised, or 
someone else knows your password.
    (h) You must properly encrypt (or password protect) all electronic 
files when transmitting data via email. Passwords must be sent 
separately (not in the same transmission or transmission channel).
    (i) All paper documents containing PII or Controlled Unclassified 
Information must be labeled and stored in a secure environment, to 
which only authorized personnel have access.
    (j) You must inform or contact the organization that granted 
initial access when access to an FSA system is no longer required or 
access changes because of changes in job responsibilities or 
termination of employment.
    (k) You must remain current on all required training, including 
security training (at least annually).
    (l) You must not download or store the Department's information 
systems information or data on unsecure/public computers or portable 
devices.
    (m) If you have Title IV loans, they must be in good standing. If 
you have a loan that goes into default, your access to the Department's 
information systems will be revoked.''

Information Security Standards

    In addition to requirements identified in the Terms of Service and 
Code of Conduct, individuals accessing Department of Education 
information systems must comply with the following requirements:
    (a) A third party accessing the Department's information systems, 
on behalf of an authorized user, must ensure proper control and 
handling of Controlled Unclassified Information (CUI), which includes 
data commonly known as PII, Sensitive Personally Identifiable 
Information (SPII) and CUI, residing on their computer, on removable 
media, and on paper documents.
    (b) A third party that handles CUI must do so in accordance with 
Executive Order 13556, 32 CFR 2002--Controlled Unclassified 
Information, and the CUI Registry.
    (c) The third party must ensure data at rest that contains CUI is 
encrypted using validated FIPS 140-2 encryption in any and all third-
party computing environments where data is housed and/or stored.
    (d) The third party must consider data at rest to include data that 
reside in databases, file systems, information technology systems, 
applications, personal computers (desktops and laptops and portable 
electronic devices [PEDs] and mobile electronic devices and personal 
data assistants [PDAs]) and other structured storage devices (USB flash 
drives, memory cards, external hard drives, writeable CDs, and DVDs) 
that are not in transit.
    (e) The third party must ensure the integrity and confidentiality 
of the information and protect against any reasonably anticipated 
security threats or unauthorized uses or disclosures of the 
information.
    If, at any time, CUI is provided to or viewed by unauthorized 
individual(s), a breach report is required by the third party. A breach 
report must be submitted to the Department of Education Security 
Operations Center (EDSOC), email to <a href="/cdn-cgi/l/email-protection#5a1f1e0915191a3f3e743d352c"><span class="__cf_email__" data-cfemail="105554435f535075743e777f66">[email protected]</span></a>. EDSOC may also be 
contacted by phone at (202) 245-6550.
    A Breach or Data Breach is an incident that includes the loss of 
control, compromise, unauthorized disclosure, unauthorized acquisition, 
or any similar occurrence where (1) a person other than an authorized 
user accesses or potentially accesses PII or (2) an authorized user 
accesses or potentially accesses PII for an unauthorized purpose OMB M-
17-12, p. 9. An occurrence may be first identified as an incident, but 
later identified as a breach once it is determined that the incident 
involves PII. Breaches include cyber incidents, as well as the loss or 
theft of physical documents or portable electronic storage media, 
inadvertent disclosure of PII on a public website, an oral disclosure 
to a person not authorized to receive that information, or an 
authorized user accessing PII for an unauthorized purpose, etc.
    Accessible Format: On request to one of the program contact persons 
listed under FOR FURTHER INFORMATION CONTACT, individuals with 
disabilities can obtain this document in an accessible format. The 
Department will provide the requestor with an accessible format that 
may include Rich Text Format (RTF) or text format (txt), a thumb drive, 
an MP3 file, braille, large print, audiotape, or compact disc, or other 
accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access to the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.
    Program Authority: 20 U.S.C 1001; 20 U.S.C. 1018; 20 U.S.C. 1092b; 
and 20 U.S.C. 1097.

Richard Cordray,
Chief Operating Officer, Federal Student Aid.
[FR Doc. 2021-19536 Filed 9-9-21; 8:45 am]
BILLING CODE 4000-01-P


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