[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2635 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2635
To amend title 18, United States Code, to establish an Office of
Correctional Education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2019
Mr. Cummings (for himself and Ms. Dean) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish an Office of
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 2019'' or the ``PREP Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Over the course of an 8-year-period following the
release of individuals from Federal prisons, the United States
Sentencing Commission found that 49.3 percent of such
individuals were rearrested, 31.7 percent were reconvicted, and
24.6 percent were reincarcerated.
(2) The Bureau of Justice Statistics found that over a
similar time period as described in paragraph (1), 83 percent
of people released from State prisons were rearrested.
(3) A broad spectrum of correctional education programming
can prepare individuals for the contemporary workforce pre-
release, ensuring that upon release the individuals are best
situated to be productive members of their communities.
(4) Education for people in prisons has a clear public
safety benefit, reducing recidivism rates by over 43 percent.
(5) Employment is 13 percent higher for individuals who
participated in either academic or vocational programs in
prison, and 28 percent higher for individuals who participated
in vocational programs alone.
(6) During the first 3 years after an individual is
released, each dollar spent on funding prison education
programs reduces incarceration costs by 4 to 5 dollars.
(7) Correctional education helps to improve the safety of
the prison environment, not only for incarcerated individuals,
but also for correctional officers and prison staff.
(8) A 2016 analysis of the Bureau of Prisons education
programs found that the Bureau of Prisons spends 20 percent as
much on inmate education as the nearest sized State prison
systems and experiences a proportionally low return.
(9) The 2016 analysis described in paragraph (8) also found
that the Bureau of Prisons lacked the staff, programmatic
strategy and alignment, budget, assessment, and educational
support to effectively administer educational programs.
(b) Purpose.--The purpose of this Act is to create a dedicated
office within the Bureau of Prisons to--
(1) improve the correctional educational programming
provided by the Bureau of Prisons;
(2) ensure access to quality programs across all Federal
penal and correctional institutions;
(3) create partnerships with education providers to offer
quality programs; and
(4) create a repository of research and best practices to
State and local correctional institutions.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Prisons.
SEC. 4. OFFICE OF 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 Correctional Education.
``4143. Federal Correctional Education Program.
``Sec. 4141. Definitions
``In this chapter:
``(1) Assistant director.--The term `Assistant Director'
means the Assistant Director for Correctional Education
appointed under section 4142(b).
``(2) Director.--The term `Director' means the Director of
the Bureau of Prisons.
``(3) Disability.--The term `disability' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(4) High school diploma.--The term `high school diploma'
has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``Sec. 4142. Office of Correctional Education
``(a) Purposes.--The purposes of this chapter are to--
``(1) ensure that all Federal penal and correctional
institutions provide quality educational programs for
incarcerated individuals;
``(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 Correctional Education.--The
Director shall establish within the Bureau of Prisons an Office of
Correctional Education, which shall be headed by an Assistant Director
for Correctional Education appointed by the Director.
``(c) Functions of the Office of Correctional Education.--The
Office of Correctional Education required to be established under this
section shall ensure the provision of educational services for
incarcerated individuals in all Federal penal and correctional
institutions, including programs such as adult literacy, basic skills
development, education toward a regular high school diploma or its
recognized equivalent, postsecondary education, workforce development,
that leads to an industry-recognized credential, a certificate, or an
associate degree, pre-apprenticeships, registered apprenticeships,
career and technical education, and expanded opportunities for
individuals with a disability, 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, including by consulting with the
Office of Career, Technical, and Adult Education of the
Department of Education;
``(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) conducting research and issuing reports on
correctional education best practices, particularly as it
relates to pedagogy and instruction of incarcerated people;
``(6) providing training and technical assistance for State
prison systems to improve correctional education; and
``(7) coordinating with the Bureau of Justice Statistics,
the National Institute of Justice, National Center for
Education Statistics, the National Institute of Corrections,
and other relevant agencies as designated by the Assistant
Director in collecting and reporting Federal and State data
on--
``(A) the number of individuals who enroll in and
complete a correctional education program, including a
career and technical education sequence, earn a regular
high school diploma or its recognized equivalent, or
enroll in and earn a postsecondary degree or
certificate, while incarcerated;
``(B) the number of individuals who do not complete
an education program described in subparagraph (A) and
the reasons for non-completion;
``(C) any State or Federal prohibitions or
limitations on employment for individuals with felony
convictions;
``(D) the correlation between participating in or
completing a program described in subparagraph (A) and
continued educational enrollment, both in-custody and
post-release;
``(E) the correlation between participating in and
completing a program described in subparagraph (A) with
post-release outcomes, including job placement, job
retention, and recidivism;
``(F) the correlation between participating in and
completing a program described in subparagraph (A) with
in-custody outcomes, including enrollment in other
education or training programs and reduction in
citations;
``(G) 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 Federal penal and
correctional institutions and State prisons;
and
``(iii) other relevant factors; and
``(H) other relevant data.
``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 programs such as adult literacy, basic skills
development, education toward a regular high school diploma or
its recognized equivalent, postsecondary education, workforce
readiness, apprenticeships, career and technical education, and
programing individuals with learning disabilities, which may
include--
``(A) an institution of higher 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) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(5) 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 providers 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, which shall include correctional education
programs, such as--
``(A) adult literacy;
``(B) basic skills development;
``(C) education toward a regular high school
diploma or its recognized equivalent;
``(D) postsecondary education;
``(E) workforce development that leads to an
industry recognized credential, a certificate, or an
associate degree;
``(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--
``(A) consider the evidence that an eligible
provider demonstrates a strong record on student
outcomes and successful community reintegration that
shall include--
``(i) high rates of program completion;
``(ii) a demonstrated record of a reduction
in recidivism rates, if available;
``(iii) success in securing employment, if
available;
``(iv) employment retention, if available;
``(v) housing stability, if available; and
``(vi) other relevant factors; and
``(B) give preference to eligible providers that
demonstrate success in the categories described in
subparagraph (A).
``(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 without a
verifiable high school diploma or its recognized
equivalent receive adult literacy, basic adult
education, skills development, and education toward a
regular high school diploma or its recognized
equivalent; and
``(C) prioritize workforce development programs
that prepare eligible students for in-demand sectors or
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 prior to
participation in programs of potential
prohibitions or limitations 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, as
applicable--
``(A) disclose to eligible students and the Office
of 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) offer eligible students who are released
while in enrolled in correctional education the
opportunity to continue the students' enrollment in the
academic program and transfer credits earned if the
student is released from the Federal correctional
facility prior to completion of the correctional
education program;
``(C) inform eligible students of the academic and
financial aid 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;
``(D) for eligible students who wish to continue
their education upon release--
``(i) offer academic advising; and
``(ii) offer appropriate financial aid
counseling, including Federal and State
financial aid and student loan counseling; and
``(E) offer eligible students career counseling and
job placement assistance upon correctional education
program completion and release from custody.
``(3) Information to the office of 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) relevant information about the eligible
students participating in the Program it relates to
subparagraph (A).
``(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, rates, 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 the various correctional
education program's length, and the value of
credentials or degrees earned with different credit
length;
``(E) the variance of different doses or credit
length by educational program;
``(F) the models of instruction, curriculum, and
other characteristics of program 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) average and projected costs, overall and per
student, of the program;
``(L) student demographic data, including age,
gender, race, ethnicity, and security or custody level;
and
``(M) other relevant data.
``(f) Evaluation.--
``(1) In general.--The Assistant Director, in coordination
with the National Institute of Corrections and the Secretary of
Education, 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--
``(i) postsecondary enrollment in and
continuance of education by eligible students
after release;
``(ii) degree attainment from an
institution of higher education;
``(iii) progress toward a degree in credits
or time;
``(iv) continued participation in
educational programs after release;
``(v) factors related to the pursuit of
education, such as housing attainment; and
``(vi) other relevant factors;
``(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) Disaggregation.--The data collected through the
evaluation required under paragraph (1) shall, to the extent
practicable, be disaggregated by program provider to facilitate
selection of eligible providers under subsection (b).
``(3) Student outcomes.--The evaluation described in
paragraph (1) shall gather data on eligible students while
incarcerated and for the 3- and 5- year periods post-release
from incarceration.
``(4) Partnership.--The evaluation described in paragraph
(1) shall be conducted in partnership with one or multiple
external evaluators.
``(5) Publication.--Not later than 180 days after the date
on which the evaluations required under paragraph (1) is
completed, the Assistant Director shall--
``(A) submit the evaluation, including
recommendations for Program improvements, to Congress;
and
``(B) publish the evaluation.
``(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 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. 5. CORRECTIONAL EDUCATION RESEARCH, POLICES, AND BEST PRACTICES.
(a) In General.--The Assistant Director, in collaboration with
relevant Federal agencies, including the Department of Education, State
correctional agencies, State and local correctional institutions, civil
rights organizations, criminal justice organizations, 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. 6. TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--The Assistant Director shall use funds available
to the Bureau of Prisons to provide State 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
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 to improve the quality of correctional education offered in
State prisons.
SEC. 7. 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 correctional education programs, including
the Federal Correctional 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 correctional
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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