Sec. 4. PREVENTION OF IMPROPER ACCESS
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## SEC. 4 PREVENTION OF IMPROPER ACCESS Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended— ####
(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 purpose of assisting a student in managing loan repayment or applying for any repayment plan, consolidation 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 following: > > ### “(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 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; > > > ##### “(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 authorized 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 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); or > > > ##### “(B) > > 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) > > 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 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 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, borrower, or parent to access the system. ” > ; and ####
(4)in subsection (f)(1), as redesignated by paragraph (1)— #####
(A)in subparagraph (A), by striking “student and parent” and inserting “student, borrower, and parent”; #####
(B)by redesignating subparagraphs
(C)and
(D)as subparagraphs
(D)and (E), respectively; #####
(C)by inserting after subparagraph
(B)the following: > > ##### “(C) > > the reduction in improper data system access as described in subsection (d)(7); ” > ; and #####
(D)by striking subparagraph (E), as redesignated by subparagraph (B), and inserting the following: > > ##### “(E) > > any protocols, codes of conduct, terms of service, or information security standards developed under paragraphs
(6)or
(7)of subsection
(d)during the preceding fiscal year. ” > .
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Sec. 4
PREVENTION OF IMPROPER ACCESS
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