[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4584 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4584
To amend the Higher Education Act of 1965 to repeal the suspension of
eligibility for assistance under title IV due to drug-related offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 1, 2019
Ms. Bass (for herself, Mr. Danny K. Davis of Illinois, Mr. Vargas, Mr.
Trone, Ms. Jackson Lee, Mr. Hastings, Ms. Moore, Mr. Pocan, Ms. Norton,
Mr. Bishop of Georgia, Mr. Kennedy, Ms. Meng, Ms. Pressley, Mr. Evans,
Ms. Roybal-Allard, Mr. Cardenas, Ms. Lee of California, Mrs. Watson
Coleman, Ms. Fudge, Mr. Rush, Ms. Johnson of Texas, Mr. Brown of
Maryland, Mrs. Hayes, Mr. Payne, Mr. Thompson of Mississippi, Mr. Clay,
Ms. Schakowsky, Mr. Blumenauer, Mr. Crist, Mr. Rouda, Mr. Young, Mr.
Johnson of Georgia, Mr. Serrano, Ms. Barragan, Mr. Garcia of Illinois,
and Ms. Judy Chu of California) 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 repeal the suspension of
eligibility for assistance under title IV due to drug-related offenses.
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 ``Financial Aid Fairness for Students
Act'' or the ``FAFSA Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Expanding the ability of low- and middle-income
borrowers to pursue higher education is critical to reversing
decades of exclusionary policies that have adversely impacted
people of color.
(2) Under current law, individuals with drug-related
offenses are precluded from accessing Federal grants, loans,
and work-study aid pursuant to section 484(r) of the Higher
Education Act of 1965 (20 U.S.C. 1091(r)), commonly referred to
as the ``Aid Elimination Penalty''.
(3) The Free Application for Federal Student Aid (FAFSA)
screens applicants for Federal financial aid based on her or
his history of drug offenses.
(4) Given that criminal sentencing laws in the United
States disproportionately impact racial minorities and low-
income communities, the Aid Elimination Penalty may
disproportionately hinder these same groups from accessing
Federal financial aid.
(5) Recognizing that an educated citizenry is the
powerhouse of the Nation, that higher education allows
Americans to access well-paying jobs, healthcare, strong
interpersonal relationships and a higher quality of life, the
Federal Government should incentivize the pursuit of higher
education while ensuring equality of opportunity.
SEC. 3. REPEAL OF SUSPENSION OF ELIGIBILITY UNDER THE HIGHER EDUCATION
ACT OF 1965 FOR GRANTS, LOANS, AND WORK ASSISTANCE FOR
DRUG-RELATED OFFENSES.
(a) Repeal.--Subsection (r) of section 484 of the Higher Education
Act of 1965 (20 U.S.C. 1091(r)) is repealed.
(b) Revision of FAFSA Form.--Section 483 of the Higher Education
Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the
following:
``(i) Convictions.--The Secretary shall not
include any question about the conviction of an
applicant for the possession or sale of illegal
drugs on the FAFSA (or any other form developed
under subsection (a)).''.
(c) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 428(b)(3) (20 U.S.C. 1078(b)(3))--
(A) in subparagraph (C), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (D), by striking ``485(l)'' and
inserting ``485(k)'';
(2) in section 435(d)(5) (20 U.S.C. 1085(d)(5))--
(A) in subparagraph (E), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (F), by striking ``485(l)'' and
inserting ``485(k)'';
(3) in section 484 (20 U.S.C. 1091)--
(A) by striking subsection (r); and
(B) by redesignating subsections (s) and (t) as
subsections (r) and (s), respectively;
(4) in section 485 (20 U.S.C. 1092)--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) and (m) as
subsections (k) and (l), respectively; and
(5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C.
1094(e)(2)(B)(ii)(IV)), by striking ``(l) of section 485'' and
inserting ``(k) of section 485''.
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