CRIMINAL PENALTIES.

SEC. 2. CRIMINAL PENALTIES. (a) In General.—Section 490 of the Higher Education Act of 1965 (20 U.S.C. 1097) is amended by adding at the end the following: “(e) Access to Department of Education Information Technology Systems for Fraud, Commercial Advantage, or Private Financial Gain.—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) [20 U.S.C. 1097 note] Guidance.—The 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 U.S.C. 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. 1097), as added by subsection (a), shall take effect the day after the date on which the Secretary issues guidance regarding the use of access devices, as described in subsection (b).