[Congressional Record Volume 161, Number 135 (Friday, September 18, 2015)]
[Extensions of Remarks]
[Page E1322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE FAIR ACCESS TO EDUCATION ACT OF 2015

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                          HON. EARL BLUMENAUER

                               of oregon

                    in the house of representatives

                       Friday, September 18, 2015

  Mr. BLUMENAUER. Mr. Speaker, today I am introducing the Fair Access 
to Education Act of 2015. This legislation would bring fairness to the 
Free Application for Federal Student Aid (FAFSA) form, which determines 
federal student aid, and currently asks eligibility questions about a 
student's drug conviction history.
  Under this legislation, an applicant with misdemeanor marijuana 
possession offenses will not have to check the box when applying for 
federal financial assistance. It also immediately provides eligibility 
for grants, loans, and work assistance to those whose applications were 
suspended due to a marijuana misdemeanor offense.
  Too often those with misdemeanor drug offenses, such as simple 
marijuana possession, continue to be discriminated against or 
stigmatized long after they've paid their fines or served their time. 
Such is the case when it comes to higher education. One of our greatest 
opportunities as Americans to better ourselves and start anew is pushed 
out of reach for many because of an outdated bias built into our 
federal student aid application.
  Under current law, the FAFSA requires applicants to disclose any 
drug-related offense they've had while receiving federal student aid. 
This outdated question is on the application because of the Anti-Drug 
Abuse Act of 1988, which authorizes federal and state judges to deny 
certain federal benefits, including student aid, to persons convicted 
of drug trafficking or possession.
  If that box is checked when a student submits an application, the 
application is immediately placed on hold and the student is informed 
that the application cannot be processed and additional steps are 
required to determine eligibility. This intimidating process often has 
the effect of discouraging students from continuing.
  Public opinion and state law is shifting dramatically on questions 
related to marijuana. Prohibition is outdated and does not reflect how 
Americans think, nor how they actually behave. Nearly half of the 
population has smoked marijuana at some point in their lives, and now 
in four states and the District of Columbia, people can do so legally.
  It is senseless that we would limit a student's future for any drug 
offense for which they have served their sentence, and even more 
senseless that we would do so for an offense for a drug that a majority 
believes should be legal.
  The FAFSA question--number 23 for the 2015-16 school year--is 
outdated, unfair, and traps those seeking to recover from mistakes and 
create opportunities for themselves. Current policy is inevitably more 
harmful to those with the greatest need. If a student has a misdemeanor 
marijuana offense but is fully able to afford an education on their 
own, their future is not limited. But if a student has taken strides to 
recover from past mistakes and is seeking help in getting an education, 
current policy will only hold them back.
  The Fair Access to Education Act would help reduce recidivism and 
strengthen our communities.

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