I 
116TH CONGRESS 
1ST SESSION H. R. 2888 
To explicitly make unauthorized access to Department of Education informa-
tion technology systems and the misuse of identification devices issued 
by the Department of Education a criminal act. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2019 
Ms. STEVENS (for herself and Mr. SMUCKER) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To explicitly make unauthorized access to Department of 
Education information technology systems and the mis-
use of identification devices issued by the Department 
of Education a criminal act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Student Debt 
Relief Scams Act of 2019’’. 
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SEC. 2. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 490 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1097) is amended by add-
ing at the end the following: 
‘‘(e) ACCESS TO DEPARTMENT OF EDUCATION IN-
FORMATION TECHNOLOGY SYSTEMS FOR FRAUD, COM-
MERCIAL ADVANTAGE, OR PRIVATE FINANCIAL GAIN.— 
Any person who knowingly uses an access device, as de-
fined 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 Secretary shall issue guidance 
regarding the use of access devices in a manner that com-
plies with this Act, and the amendments made by this Act. 
(c) EFFECTIVE DATE
OF PENALTIES.—Notwith-
standing section 6, the penalties described in section 
490(e) of the Higher Education Act of 1965 (20 U.S.C. 
1097), as added by subsection (a), shall take effect the 
day after the date on which the Secretary issues guidance 
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regarding the use of access devices, as described in sub-
section (b). 
SEC. 3. LOAN COUNSELING. 
Section 485(b) of the Higher Education Act of 1965 
(20 U.S.C. 1092(b)) is amended— 
(1) in clause (viii), by striking ‘‘and’’ after the 
semicolon; and 
(2) by adding at the end the following: 
‘‘(x) an explanation that— 
‘‘(I) the borrower may be con-
tacted during the repayment period by 
third-party student debt relief compa-
nies; 
‘‘(II) the borrower should use 
caution when dealing with those com-
panies; and 
‘‘(III) the services that those 
companies typically provide are al-
ready offered to borrowers free of 
charge through the Department or the 
borrower’s servicer; and’’. 
SEC. 4. PREVENTION OF IMPROPER ACCESS. 
Section 485B of the Higher Education Act of 1965 
(20 U.S.C. 1092b) is amended— 
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(1) by redesignating subsections (e) through (h) 
as subsections (f) through (i), respectively; 
(2) in subsection (d)— 
(A) in paragraph (5)(C), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (6)(C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) preventing access to the data system and 
any other system used to administer a program 
under this title by any person or entity for the pur-
pose of assisting a student in managing loan repay-
ment or applying for any repayment plan, consolida-
tion loan, or other benefit authorized by this title, 
unless such access meets the requirements described 
in subsection (e).’’; 
(3) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) REQUIREMENTS FOR THIRD-PARTY DATA SYS-
TEM 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 sys-
tem and any other system used to administer a pro-
gram under this title if that access— 
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‘‘(A) is in compliance with terms of service, 
information security standards, and a code of 
conduct which shall be established by the Sec-
retary and published in the Federal Register; 
‘‘(B) is obtained using an access device (as 
defined in section 1029(e)(1) of title 18, United 
States Code) issued by the Secretary to the au-
thorized person or entity; and 
‘‘(C) is obtained without using any access 
device (as defined in section 1029(e)(1) of title 
18, United States Code) issued by the Secretary 
to a student, borrower, or parent. 
‘‘(2) AUTHORIZED
PERSON
OR
ENTITY.—An 
authorized person or entity described in this para-
graph 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 compli-
ance with applicable Federal law (including reg-
ulations and guidance); or 
‘‘(B) a licensed attorney representing a 
student, borrower, or parent, or another indi-
vidual who works for a Federal, State, local, or 
Tribal government or agency, or for a nonprofit 
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organization, providing financial or student loan 
repayment counseling to a student, borrower, or 
parent, if— 
‘‘(i) that attorney or other individual 
has never engaged in unfair, deceptive, or 
abusive practices, as determined by the 
Secretary; 
‘‘(ii) that attorney or other individual 
does not work for an entity that has en-
gaged in unfair, deceptive, or abusive prac-
tices (including an entity that is owned or 
operated by a person or entity that en-
gaged in such practices), as determined by 
the Secretary; 
‘‘(iii) system access is provided only 
through a separate point of entry; and 
‘‘(iv) the attorney or other individual 
has consent from the relevant student, bor-
rower, or parent to access the system.’’; 
and 
(4) in subsection (f)(1), as redesignated by 
paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘stu-
dent and parent’’ and inserting ‘‘student, bor-
rower, and parent’’; 
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(B) by redesignating subparagraphs (C) 
and (D) as subparagraphs (D) and (E), respec-
tively; 
(C) by inserting after subparagraph (B) 
the following: 
‘‘(C) the reduction in improper data sys-
tem access as described in subsection (d)(7);’’; 
and 
(D) by striking subparagraph (E), as re-
designated by subparagraph (B), and inserting 
the following: 
‘‘(E) any protocols, codes of conduct, 
terms of service, or information security stand-
ards developed under paragraphs (6) or (7) of 
subsection (d) during the preceding fiscal 
year.’’. 
SEC. 5. AGENCY PREVENTION AND DETECTION. 
Section 141(b)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1018(b)(2)) is amended by adding at the 
end the following: 
‘‘(C) Taking action to prevent and address 
the improper use of access devices, as described 
in section 485B(d)(7), including by— 
‘‘(i) detecting common patterns of im-
proper use of any system that processes 
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payments on Federal Direct Loans or 
other Department information technology 
systems; 
‘‘(ii) maintaining a reporting system 
for contractors involved in the processing 
of payments on Federal Direct Loans in 
order to allow those contractors to alert 
the Secretary of potentially improper use 
of Department information technology sys-
tems; 
‘‘(iii) proactively contacting Federal 
student loan borrowers whose Federal stu-
dent loan accounts demonstrate a likeli-
hood of improper use in order to warn 
those borrowers of suspicious activity or 
potential fraud regarding their Federal 
student loan accounts; and 
‘‘(iv) providing clear and simple dis-
closures in communications with borrowers 
who are applying for or requesting assist-
ance with Federal Direct Loan programs 
(including assistance or applications re-
garding income-driven repayment, forbear-
ance, deferment, consolidation, rehabilita-
tion, cancellation, and forgiveness) to en-
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sure that borrowers are aware that the De-
partment will never require borrowers to 
pay for such assistance or applications.’’. 
SEC. 6. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect on the date that is 180 days after the 
date of enactment of this Act. 
Æ 
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