[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3588 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3588

   To amend title 18, United States Code, to establish an Office of 
        Federal Correctional Education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2018

Mr. Schatz (for himself and Mr. Merkley) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to establish an Office of 
        Federal Correctional Education, and for other purposes.

    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 ``Promoting Reentry Through Education 
in Prisons Act of 2018'' or the ``PREP Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Prisons.
            (2) Assistant director.--The term ``Assistant Director'' 
        means the Assistant Director for Correctional Education 
        appointed under section 4142(b) of title 18, United States 
        Code, as added by this Act.

SEC. 3. OFFICE OF FEDERAL CORRECTIONAL EDUCATION.

    (a) In General.--Part III of title 18, United States Code, is 
amended by inserting after chapter 307 the following:

                        ``CHAPTER 308--EDUCATION

``Sec.
``4141. Definitions.
``4142. Office of Federal Correctional Education.
``4143. Federal Correctional Education Program.
``Sec. 4141. Definitions
    ``In this chapter:
            ``(1) Director.--The term `Director' means the Director of 
        the Bureau of Prisons.
            ``(2) Assistant director.--The term `Assistant Director' 
        means the Assistant Director for Correctional Education 
        appointed under section 4142(b).
``Sec. 4142. Office of Federal Correctional Education
    ``(a) Purposes.--The purposes of this chapter are to--
            ``(1) encourage, support, and standardize educational 
        programs for criminal offenders in Federal penal and 
        correctional institutions;
            ``(2) be a nationwide repository for research, policies, 
        and best practices in correctional education; and
            ``(3) offer training and technical assistance for State 
        prison systems.
    ``(b) Establishment of the Office of Federal Correctional 
Education.--The Director shall establish within the Bureau of Prisons 
an Office of Federal Correctional Education, which shall be headed by 
an Assistant Director for Correctional Education appointed by the 
Director.
    ``(c) Functions of the Office of Federal Correctional Education.--
The Office of Federal Correctional Education required to be established 
under this section shall ensure the provision of educational services 
for criminal offenders in all Federal penal and correctional 
institutions, including programs such as adult literacy, basic skills 
development, education toward a regular high school diploma (as defined 
in section 8101 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801)) or its recognized equivalent, postsecondary 
education, workforce readiness, apprenticeships, career and technical 
education, and expanded opportunities for individuals with learning 
disabilities, including by--
            ``(1) implementing the Federal Correctional Education 
        Program under section 4143;
            ``(2) coordinating and standardizing quality, evidence-
        based, and effective education programs and services across all 
        Federal penal and correctional institutions;
            ``(3) coordinating relevant Federal agencies in providing 
        quality educational services;
            ``(4) coordinating with the Secretary of Veterans Affairs 
        to identify and provide information to incarcerated veterans 
        regarding potential eligibility for educational assistance 
        under laws administered by the Secretary, including educational 
        assistance under chapters 30 and 33 of title 38, United States 
        Code;
            ``(5) issuing reports on correctional education best 
        practices;
            ``(6) providing training and technical assistance for State 
        prison systems; and
            ``(7) coordinating with the Bureau of Justice Statistics, 
        the National Institute of Justice, and the National Institute 
        of Corrections in collecting and reporting Federal and State 
        data on--
                    ``(A) the number of individuals who complete a 
                vocational education sequence, earn a regular high 
                school diploma (as defined in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)) or its recognized equivalent, or earn a 
                postsecondary degree or certificate, while 
                incarcerated;
                    ``(B) the correlation between participating in or 
                completing a program described in subparagraph (A) and 
                continued educational enrollment, both in-custody and 
                post-release;
                    ``(C) the correlation between participating in and 
                completing a program described in subparagraph (A) with 
                post-release outcomes, including job placement, job 
                retention, and recidivism;
                    ``(D) the correlation between participating in and 
                completing a program described in subparagraph (A) with 
                in-custody outcomes, including persistence into other 
                education or training programs and reduction in 
                citations;
                    ``(E) the impact of the correlation described in 
                subparagraphs (C) and (D) on overall corrections 
                spending through factors such as--
                            ``(i) impacts on recidivism;
                            ``(ii) spending on security in Federal 
                        penal and correctional institutions; and
                            ``(iii) other relevant factors; and
                    ``(F) other relevant data.
    ``(d) Regulations.--The Attorney General may issue regulations to 
implement subsection (c).
``Sec. 4143. Federal Correctional Education Program
    ``(a) Definitions.--In this section:
            ``(1) Demonstrated effectiveness.--The term `demonstrated 
        effectiveness' means the past effectiveness of an eligible 
        provider demonstrated by providing--
                    ``(A) performance data on its record of improving 
                the skills of eligible students, particularly eligible 
                individuals who have low levels of literacy, in the 
                content domains of reading, writing, mathematics, 
                English language acquisition, and other relevant 
                subject areas; and
                    ``(B) information regarding its outcomes for 
                participants related to program completion, employment 
                attainment, pursuit of additional education, and other 
                relevant factors.
            ``(2) Eligible provider.--The term `eligible provider' 
        means an organization that has demonstrated effectiveness in 
        providing adult literacy and workforce development activities, 
        which may include--
                    ``(A) an accredited institution of postsecondary 
                education;
                    ``(B) a local educational agency;
                    ``(C) a community-based organization or faith-based 
                organization;
                    ``(D) a volunteer literacy organization;
                    ``(E) a public or private nonprofit agency;
                    ``(F) a nonprofit institution that is not described 
                in subparagraphs (A) through (E) and has the ability to 
                provide adult education and literacy activities to 
                eligible individuals;
                    ``(G) a consortium or coalition of the agencies, 
                organizations, and institutions described in any of 
                subparagraphs (A) through (F); and
                    ``(H) a partnership between an employer and an 
                entity described in any of subparagraphs (A) through 
                (G).
            ``(3) Eligible student.--The term `eligible student' means 
        an individual who is incarcerated in a Federal correctional 
        facility.
            ``(4) Program.--The term `Program' means the Federal 
        Correctional Education Program required to be established under 
        subsection (b)(1).
    ``(b) Authorization.--
            ``(1) In general.--The Assistant Director shall establish a 
        Federal Correctional Education Program to develop and support 
        partnerships between eligible institutions and Federal 
        correctional facilities to provide quality educational 
        opportunities to facilitate successful community reintegration.
            ``(2) Selection of eligible providers.--The Assistant 
        Director shall select eligible providers to partner with 
        Federal correctional facilities to develop quality programs for 
        eligible students, that shall include--
                    ``(A) adult literacy;
                    ``(B) basic skills development;
                    ``(C) education toward a regular high school 
                diploma (as defined in section 8101 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 7801)) 
                or its recognized equivalent;
                    ``(D) postsecondary education;
                    ``(E) workforce readiness;
                    ``(F) apprenticeships; and
                    ``(G) career and technical education.
            ``(3) Quality programs.--When determining which eligible 
        providers will be selected for participation in the Program, 
        the Assistant Director shall consider the evidence that 
        demonstrates a strong record on student outcomes and successful 
        community reintegration that shall include--
                    ``(A) high rates of program completion;
                    ``(B) a demonstrated record of a reduction in 
                recidivism rates;
                    ``(C) employment retention;
                    ``(D) housing stability; and
                    ``(E) other relevant factors.
            ``(4) Diploma mills.--The Assistant Director will prevent 
        diploma mills (as defined in section 103 of the Higher 
        Education Act of 1965 (20 U.S.C. 1003)) from participating in 
        the Program.
    ``(c) Participation by Eligible Providers.--
            ``(1) In general.--An eligible provider that desires to 
        participate in the Program under this section shall--
                    ``(A) develop a quality program, in coordination 
                with the Federal correctional facility with which the 
                institution is in partnership, for eligible students, 
                in which the Federal correctional facility shall 
                administer the logistics of the program, such as--
                            ``(i) scheduling;
                            ``(ii) location and space;
                            ``(iii) security; and
                            ``(iv) other logistical factors;
                    ``(B) ensure that all eligible students receive 
                adequate adult literacy, basic skills development, and 
                education toward a regular high school diploma or its 
                recognized equivalent; and
                    ``(C) prioritize developing education and training 
                programs that prepare eligible students for high-demand 
                occupations from which they are not legally barred from 
                entering due to restrictions on formerly incarcerated 
                individuals obtaining any necessary licenses or 
                certifications for those occupations, and in doing so, 
                providers shall--
                            ``(i) consider State licensing 
                        requirements, administrative barriers, and 
                        waiver provisions that will impact eligible 
                        students in certain occupations when designing 
                        their programs; and
                            ``(ii) inform eligible students of 
                        potential barriers to licensing or employment 
                        upon release depending on the program offered 
                        and the States in which eligible students 
                        settle.
            ``(2) Information to eligible students.--Eligible providers 
        that participate in the Program under this section shall--
                    ``(A) as appropriate, disclose to eligible students 
                and the Office of Federal Correctional Education 
                information about any part of the academic program 
                developed under this section that, by design, cannot be 
                completed while a student is incarcerated, as well as 
                the options available for an eligible student to 
                complete any remaining program requirements post-
                release;
                    ``(B) as appropriate, offer eligible students the 
                opportunity to continue the students' enrollment in the 
                academic program if the student is released from the 
                Federal correctional facility prior to completion of 
                the academic program;
                    ``(C) as appropriate, inform eligible students of 
                the academic and financial options available if the 
                students are not able to complete the academic program 
                while incarcerated, including whether the eligible 
                students can continue in the program after release, 
                transfer credits earned in the program to another 
                program offered by the institution, or transfer credits 
                earned in the program to another institution of higher 
                education; and
                    ``(D) as appropriate, for eligible students who 
                wish to continue their education upon release, offer 
                appropriate financial aid counseling, including student 
                loan counseling; and
                    ``(E) as appropriate, offer eligible students 
                career counselling and job placement assistance upon 
                academic program completion and release from custody.
            ``(3) Information to the office of federal correctional 
        education.--An eligible provider that participates in the 
        Program under this section shall submit to the Assistant 
        Director--
                    ``(A) a plan for providing academic and career 
                guidance to eligible students, as well as transition 
                services, to support successful community reintegration 
                of such students; and
                    ``(B) information about the eligible students 
                participating in the Program.
    ``(d) Technical Assistance.--The Assistant Director shall work with 
relevant Federal agencies to provide technical assistance to eligible 
providers, and the Federal correctional facilities with which they are 
in partnership, developing new quality academic programs for eligible 
students, or expanding existing programs.
    ``(e) Annual Report.--
            ``(1) In general.--An eligible provider that participates 
        in the Program, working with the Federal correctional facility 
        with which it is in partnership, shall submit to the Assistant 
        Director an annual report on the provider's academic program 
        for eligible students, including implementation and results.
            ``(2) Contents of report.--Each annual report submitted 
        under paragraph (1) shall include information on--
                    ``(A) courses and programs offered;
                    ``(B) numbers and types of certificates and degrees 
                awarded;
                    ``(C) the partnership with the Federal correctional 
                facility, including information on space allocation, 
                resources, staffing, and other relevant information on 
                effective collaboration;
                    ``(D) the effectiveness of different educational 
                dosages;
                    ``(E) the variance of different doses by 
                educational program;
                    ``(F) the models of instruction and curriculum 
                delivery that are most effective in a correctional 
                environment;
                    ``(G) challenges in providing programs and courses 
                in the prison settings;
                    ``(H) how such challenges were addressed;
                    ``(I) suggestions for the agency to assist in 
                addressing challenges;
                    ``(J) impacts on the environment and safety of the 
                correctional facility;
                    ``(K) continuance of education by eligible students 
                after release;
                    ``(L) continued participation in educational 
                programs after release;
                    ``(M) factors related to the pursuit of education, 
                such as housing attainment;
                    ``(N) average and projected costs, overall and per 
                student, of the program;
                    ``(O) student demographic data, including age, 
                gender, race, and security level; and
                    ``(P) other relevant data.
    ``(f) Evaluation.--
            ``(1) In general.--The Assistant Director, through the 
        National Institute of Corrections, shall conduct an evaluation 
        of the Program that assesses--
                    ``(A) in-custody outcomes, including impacts on 
                tickets, segregation, program participation outside of 
                education, and continued enrollment in correctional 
                education programs;
                    ``(B) post-release outcomes, including toward 
                postsecondary enrollment in and degree attainment from 
                an institution of higher education, and progress toward 
                a degree in credits or time;
                    ``(C) safety in correctional facilities;
                    ``(D) the demand for participation in correctional 
                education programs, including the size of waiting 
                lists;
                    ``(E) employment outcomes of participants;
                    ``(F) impacts on recidivism; and
                    ``(G) other relevant data.
            ``(2) Tracking students.--The evaluation described in 
        paragraph (1) shall track eligible students while incarcerated 
        and for the 3- and 5-year periods post-release from 
        incarceration.
            ``(3) Partnership.--The evaluation described in paragraph 
        (1) shall be conducted in partnership with one or multiple 
        external evaluators.
    ``(g) Matching Funds.--The Federal share of the cost of an academic 
program carried out under this section may not exceed 75 percent of the 
total cost of the academic program.
    ``(h) Allocation of Funds.--For fiscal years 2020 through 2026, of 
the amounts appropriated to the Bureau of Prisons, $170,000,000 shall 
be used to carry out subsection (b).''.
    (b) Amendment to Duties of the Bureau of Prisons.--Section 4042(a) 
of title 18, United States Code, is amended--
            (1) in subparagraph (D)--
                    (A) by striking ``(D) establish'' and inserting 
                ``(6) establish''; and
                    (B) in clause (ii), by striking ``and'' at the end;
            (2) by inserting after paragraph (6), as so redesignated, 
        the following:
            ``(7) establish the Office of Federal Correctional 
        Education required under section 4142; and''; and
            (3) in subparagraph (E), by striking ``(E) establish'' and 
        inserting ``(8) establish''.
    (c) Table of Chapters Amendment.--The table of chapters for part 
III of title 18, United States Code, is amended by inserting after the 
item relating to section 307 the following:

``308. Education............................................    4141''.

SEC. 4. CORRECTIONAL EDUCATION RESEARCH, POLICES, AND BEST PRACTICES.

    (a) In General.--The Assistant Director, in collaboration with 
relevant Federal agencies, State and local correctional institutions, 
and research agencies and organizations, shall establish and maintain a 
clearinghouse for research, policies, and best practices on quality 
correctional education programs.
    (b) Information to the Public.--The Assistant Director shall 
maintain information and resources on the public-facing website of the 
Bureau of Prisons.

SEC. 5. TRAINING AND TECHNICAL ASSISTANCE.

    (a) In General.--The Assistant Director shall use funds available 
to the Bureau of Prisons to provide State and local correctional 
institutions with training and technical assistance on developing and 
implementing policies and procedures for quality correctional education 
programs.
    (b) Partnership.--Federal correctional and penal institutions with 
Federal Correctional Education programs established under section 4143 
of title 18, United States Code, as added by this Act, may partner with 
State and local correctional institutions and education providers 
located in the same State or region to facilitate training and 
technical assistance.

SEC. 6. CORRECTIONAL EDUCATION FOR INCARCERATED VETERANS.

    (a) In General.--The Secretary of Veterans Affairs, in coordination 
with the Director and State correctional agencies, shall--
            (1) carry out a program of outreach to inform veterans 
        incarcerated in a Federal or State correctional facility about 
        potential eligibility for educational assistance under laws 
        administered by the Secretary, including educational assistance 
        under chapters 30 and 33 of title 38, United States Code;
            (2) ensure that educational assistance under laws 
        administered by the Secretary is available to a veteran who is 
        incarcerated as described in paragraph (1) and otherwise 
        eligible for the assistance;
            (3) assist each veteran who is incarcerated as described in 
        paragraph (1) and eligible for educational assistance under a 
        law administered by the Secretary by connecting the veteran to 
        one or more quality correction education programs, including 
        the Federal Correction Education Program established under 
        section 4143 of title 18, United States Code, as added by this 
        Act, when the veteran is incarcerated in a Federal or State 
        correctional facility that provides one or more correction 
        education programs that are approved for the use of such 
        assistance;
            (4) provide financial aid counseling related to continued 
        educational enrollment and matriculation post-release; and
            (5) compile and make available to incarcerated veterans a 
        resource guide for incarcerated veterans that includes general 
        information about the availability, post-release, of--
                    (A) educational assistance available under laws 
                administered by the Secretary; and
                    (B) job counseling, training, and placement 
                services available under chapters 41 and 42 of title 
                38, United States Code.
    (b) Limitation on Provision of Educational Assistance.--
            (1) Monthly housing stipend.--A veteran with a felony 
        conviction who is incarcerated in a Federal or State 
        correctional facility may not receive, while so incarcerated--
                    (A) any monthly housing stipend under section 3313 
                of title 38, United States Code; or
                    (B) any amount under section 3014 of such title 
                otherwise payable to help meet the veteran's 
                subsistence costs.
            (2) Costs covered by other programs.--Notwithstanding any 
        other provision of law, the Secretary shall reduce the amount 
        of educational assistance that the Secretary would otherwise 
        provide to a veteran described in paragraph (1) under a law 
        administered by the Secretary for costs of tuition, fees, 
        supplies, books, equipment, and other educational costs 
        relating to pursuing a program of education while incarcerated 
        by an amount equal to the amount that such costs are paid by 
        another Federal, State, or local program.
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