Expanding Educational Opportunities for Justice-Impacted Communities Act
This bill provides incarcerated individuals with access to federal financial aid.
Specifically, the bill authorizes participating institutions to award Pell Grants to incarcerated individuals, and it repeals a provision that denies eligibility to individuals convicted of certain drug-related offenses.
The bill also requires the Department of Education to streamline the forms and processes for incarcerated individuals to apply for Pell Grants, and it prohibits any questions relating to whether applicants have convictions for drug-related offenses.
Additionally, the bill requires that institutions offering Pell Grants to incarcerated individuals (1) make certain information available to prospective students, and (2) demonstrate that academic credits earned by incarcerated students are treated by the institution as equivalent to credits earned by non-incarcerated students.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4073 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4073
To amend the Higher Education Act of 1965 to provide Federal Pell
Grants on behalf of an incarcerated individual.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2019
Mr. Trone (for himself, Mr. Bacon, Ms. Lee of California, Mr. Wright,
and Mrs. Lee of Nevada) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide Federal Pell
Grants on behalf of an incarcerated individual.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Educational Opportunities
for Justice-Impacted Communities Act''.
SEC. 2. FEDERAL PELL GRANTS ON BEHALF OF INCARCERATED INDIVIDUALS.
(a) Removal of Prohibition.--Section 401(b) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)) is amended by striking paragraph (6).
(b) Federal Pell Grants on Behalf of Incarcerated Individuals.--
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is
amended by adding at the end the following:
``(k) Federal Pell Grants on Behalf of Incarcerated Individuals.--
``(1) Institutional requirements.--An eligible institution
may not award a Federal Pell Grant to an incarcerated
individual or on behalf of such individual, unless the
institution meets the following:
``(A) The institution is approved to enroll
incarcerated individuals by--
``(i) the Secretary in accordance with
paragraph (2); and
``(ii) an accrediting agency or association
that meets the requirements of section
496(a)(C).
``(B) The eligible institution--
``(i) is an institution of higher education
(as defined in section 101) or a postsecondary
vocational institution (as defined in section
102(c)); and
``(ii) during the preceding 5 years, has
not been subject to the denial, withdrawal,
suspension, or termination of accreditation.
``(C) The institution provides each incarcerated
individual, upon completion of a course offered by the
institution, with academic credits that are the
equivalent to credits earned by non-incarcerated
students for an equivalent course of study.
``(D) The institution provides to the Secretary
confirmation from each facility involved that the
course of study offered by the institution at such
facility is accessible to incarcerated individuals
(including such individuals who are individuals with
disabilities).
``(E) The institution does not enroll incarcerated
individuals in a course of study offered primarily as a
distance education program, except in a case in which
the institution provides to the Secretary--
``(i) confirmation that the distance
education program offers levels of faculty
interaction, peer engagement, and student
support sufficient to enable incarcerated
individuals to successfully participate in such
a program; and
``(ii) evidence of the institution's
success in offering other distance education
programs.
``(F) The institution develops and carries out a
process to allow each incarcerated individual to access
the transcripts and any other educational records of
such individual held by the institution, without regard
to the facility at which the individual is being held
or whether the individual has been released from such a
facility.
``(G) The institution develops and carries out a
process to allow each incarcerated individual an
opportunity to provide feedback on courses that is
comparable to the opportunity to provide such feedback
that the institution offers to non-incarcerated
students.
``(H) The institution does not directly charge an
incarcerated individual--
``(i) in the case of such an individual who
is an individual with a disability, for any
cost of the provision of reasonable
accommodations for the individual to
participate in a course of study offered by the
institution;
``(ii) in the case of such an individual
with an expected family contribution for an
award year that would not disqualify the
individual from receiving a Federal Pell Grant,
for any amount of the cost of attendance not
covered by the Federal Pell Grant or other
Federal assistance received by the institution
on behalf of the individual by ensuring that
any such amount is offset--
``(I) by a State or institutional
grant; or
``(II) other non-Federal financial
assistance that does not have to be
repaid by such individual; or
``(iii) in the case of such an individual
with an expected family contribution for an
award year that would disqualify the individual
from receiving a Federal Pell Grant, an amount
that exceeds such expected family contribution.
``(I) The institution does not (directly or
indirectly) charge an incarcerated individual for an
award year, an amount that exceeds the individual's
expected family contribution or the cost of attendance
for such year.
``(J) The institution makes available to
incarcerated individuals who are considering enrolling
in a course of study offered by the institution, in
simple and understandable terms, the following:
``(i) Information with respect to each
course of study at the institution for which
such an individual may receive a Federal Pell
Grant, including--
``(I) the cost of attendance;
``(II) the mode of instruction
(such as distance education, in-person
instruction, or a combination of such
modes);
``(III) the source of funds (in
addition to Federal Pell Grants) used
to carry out such course of study,
including the funds used to ensure
compliance with subparagraph (G);
``(IV) how enrollment in such
course of study will impact the period
of eligibility for Federal Pell Grants
for such an individual, including in a
case in which the individual is
transferred to another facility or
released before the completion of such
course;
``(V) the transferability of
credits earned, and the acceptability
of such credits toward a certificate or
degree program offered by the
institution;
``(VI) the process for continuing
postsecondary education--
``(aa) upon transfer to
another facility; or
``(bb) after the student's
period of incarceration or
confinement; and
``(VII) the process for continuing
enrollment at the institution after the
student's period of incarceration or
confinement, including any barriers to
admission (such as criminal history
questions on applications for admission
to such institution).
``(ii) In the case of an institution that
offers a program to prepare incarcerated
individuals for gainful employment in a
recognized occupation (as such term is used in
sections 101(b)(1), 102(c)(1)(A), and
481(b)(1)(A)(i))--
``(I) information on any applicable
State licensure and certification
requirements, including the
requirements of the State in which the
facility involved is located and each
State in which such individuals
permanently reside; and
``(II) restrictions related to the
employment of formerly incarcerated
individuals for each recognized
occupation for which the course of
study prepares students, including such
restrictions--
``(aa) in Federal law; and
``(bb) in the laws of the
State in which the facility
involved is located and each
State in which such individuals
permanently reside.
``(K) The institution submits the information
described in subparagraph (J) to each facility
involved, the Secretary, and the accrediting agency or
association described in subparagraph (A)(ii).
``(2) Approval by the secretary.--
``(A) Initial eligibility.--With respect to an
eligible institution that seeks to award Federal Pell
Grants to incarcerated individuals under this
subsection, the Secretary shall make an initial
determination about whether such institution meets the
requirements of this subsection, which shall include a
confirmation that the institution--
``(i) has secured the approval required
under paragraph (1)(A)(ii); and
``(ii) meets the requirements of paragraph
(1)(B).
``(B) Ongoing eligibility.--Not later than 5 years
after the Secretary makes an initial determination
under subparagraph (A) that an institution meets the
requirements of this subsection, and not less than
every 5 years thereafter, the Secretary shall determine
whether such institution continues to meet the
requirements of this subsection, based on--
``(i) a review of the data collected under
paragraph (3) with respect to the courses of
study offered by such institution in which
incarcerated individuals are enrolled, and
other applicable information that may be
available to the Secretary; and
``(ii) whether such institution meets the
requirements of paragraph (1).
``(3) Data collection.--The Secretary shall, on at least an
annual basis, collect data with respect to each course of study
offered by each institution at which incarcerated individuals
are enrolled, including--
``(A) the demographics of such individuals;
``(B) the share of such individuals receiving
Federal Pell Grants;
``(C) information on the academic outcomes of such
individuals (such as credits attempted and earned, and
credential and degree completion);
``(D) to the extent practicable, information on
post-release outcomes of such individuals (such as
continued postsecondary enrollment, employment, and
recidivism); and
``(E) any data from student satisfaction surveys
conducted by the institution or the facility involved
regarding such course of study.
``(4) Definitions.--In this subsection:
``(A) Cost of attendance.--The term `cost of
attendance' has the meaning given the term in section
472.
``(B) Facility.--The term `facility' means--
``(i) a place used for the confinement of
individuals convicted of a criminal offense
that is owned by, or under contract to, the
Bureau of Prisons, a State, or a unit of local
government; or
``(ii) a facility to which an individual
subject to involuntary civil confinement is
committed.
``(C) Facility involved.--The term `facility
involved' means, when used with respect to an
institution of higher education, a facility at which a
course of study of the institution is offered to
incarcerated individuals.
``(D) Incarcerated individual.--The term
`incarcerated individual' means an individual who is
incarcerated in a facility or who is subject to an
involuntary civil commitment.
``(E) Non-incarcerated student.--The term `non-
incarcerated student' means a student at an institution
of higher education who is not an incarcerated
individual.''.
SEC. 3. FAFSA.
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is
amended--
(1) in subsection (a)(4), by adding at the end the
following:
``(C) Incarcerated individuals.--
``(i) In general.--The Secretary shall
streamline the forms and processes for an
incarcerated individual (as defined in section
401(k)(4)) to apply for a Federal Pell Grant
under section 401, which--
``(I) shall be used to determine
the expected family contribution for
such individual as of the date of
enrollment in the course for which the
individual is applying for such Federal
Pell Grant; and
``(II) may include--
``(aa) notwithstanding
section 12(f) of the Military
Selective Service Act (50
U.S.C. 3811(f)), a waiver of
the selective service
registration requirement;
``(bb) flexibility in the
submission of any required
documentation required to
verify eligibility for a
Federal Pell Grant; and
``(cc) assistance in
rehabilitating loans under
section 428F.
``(ii) Report.--Not later than 1 year after
the date of enactment of the Expanding
Educational Opportunities for Justice-Impacted
Communities Act, the Secretary shall submit to
the Committee on Education and Labor of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate, and make publicly available on the
website of the Department, a report on how the
forms and processes are being streamlined under
clause (i).''; and
(2) by adding at the end the following:
``(i) Prohibition on Questions Relating to Drug Offenses.--The
Secretary may not include on the forms developed under this subsection
any data items relating to whether an applicant has a conviction of any
offense under any Federal or State law involving the possession or sale
of a controlled substance (as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)).''.
SEC. 4. REMOVAL OF SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES.
Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is
amended by striking subsection (r).
SEC. 5. ACCREDITING AGENCY RECOGNITION OF INSTITUTIONS ENROLLING
INCARCERATED INDIVIDUALS.
Section 496(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B)(ii), by inserting ``and'' at the
end; and
(3) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education that
seek to award Federal Pell Grants under section 401(k)
to incarcerated individuals for a course of study at
such institution, such agency or association shall, in
addition to meeting the other requirements of this
subpart, demonstrate to the Secretary that--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
offer such a course of study to incarcerated
individuals; and
``(ii) the agency or association requires a
demonstration that--
``(I) such course of study is
taught by faculty with experience and
credentials comparable to the
experience and credentials of faculty
who teach courses of study available to
non-incarcerated students enrolled at
the institution;
``(II) academic credits earned by
incarcerated individuals for completion
of a course of study are treated by the
institution as the equivalent to
credits earned by non-incarcerated
students for an equivalent course;
``(III) the institution provides
sufficient educational content and
resources to students enrolled in such
a course of study that are, to the
extent practicable, consistent with the
educational content and resources
available to non-incarcerated students;
and
``(IV) the institution has the
capacity, staffing, and expertise to
provide incarcerated individuals with
the support and advising services
necessary to select and successfully
participate in such a course of study
and, to the extent practicable, with
support upon reentry (including career
and academic advising);''.
SEC. 6. REPORT ON IMPACTS OF FEDERAL PELL GRANTS AWARDED TO
INCARCERATED INDIVIDUALS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Education shall submit to the Committee on Education and
Labor of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, and make publicly
available on the website of the Department of Education, a report on
the impacts of subsection (k) of section 401 of the Higher Education
Act of 1965 (20 U.S.C. 1070a), as added by this Act, based on the most
recent data collected under paragraph (3) of such subsection (k).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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