[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).
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