Expanding Educational Opportunities for Justice-Impacted Communities Act

I 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 re- ferred 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expanding Edu- 4 cational Opportunities for Justice-Impacted Communities 5 Act’’. 6 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 4073 IH SEC. 2. FEDERAL PELL GRANTS ON BEHALF OF INCARCER- 1 ATED INDIVIDUALS. 2 (a) REMOVAL OF PROHIBITION.—Section 401(b) of 3 the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) 4 is amended by striking paragraph (6). 5 (b) FEDERAL PELL GRANTS ON BEHALF OF INCAR- 6 CERATED INDIVIDUALS.—Section 401 of the Higher Edu- 7 cation Act of 1965 (20 U.S.C. 1070a) is amended by add- 8 ing at the end the following: 9 ‘‘(k) FEDERAL PELL GRANTS ON BEHALF OF INCAR- 10 CERATED INDIVIDUALS.— 11 ‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eli- 12 gible institution may not award a Federal Pell Grant 13 to an incarcerated individual or on behalf of such in- 14 dividual, unless the institution meets the following: 15 ‘‘(A) The institution is approved to enroll 16 incarcerated individuals by— 17 ‘‘(i) the Secretary in accordance with 18 paragraph (2); and 19 ‘‘(ii) an accrediting agency or associa- 20 tion that meets the requirements of section 21 496(a)(C). 22 ‘‘(B) The eligible institution— 23 ‘‘(i) is an institution of higher edu- 24 cation (as defined in section 101) or a 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 4073 IH postsecondary vocational institution (as de- 1 fined in section 102(c)); and 2 ‘‘(ii) during the preceding 5 years, has 3 not been subject to the denial, withdrawal, 4 suspension, or termination of accreditation. 5 ‘‘(C) The institution provides each incar- 6 cerated individual, upon completion of a course 7 offered by the institution, with academic credits 8 that are the equivalent to credits earned by 9 non-incarcerated students for an equivalent 10 course of study. 11 ‘‘(D) The institution provides to the Sec- 12 retary confirmation from each facility involved 13 that the course of study offered by the institu- 14 tion at such facility is accessible to incarcerated 15 individuals (including such individuals who are 16 individuals with disabilities). 17 ‘‘(E) The institution does not enroll incar- 18 cerated individuals in a course of study offered 19 primarily as a distance education program, ex- 20 cept in a case in which the institution provides 21 to the Secretary— 22 ‘‘(i) confirmation that the distance 23 education program offers levels of faculty 24 interaction, peer engagement, and student 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 4073 IH support sufficient to enable incarcerated 1 individuals to successfully participate in 2 such a program; and 3 ‘‘(ii) evidence of the institution’s suc- 4 cess in offering other distance education 5 programs. 6 ‘‘(F) The institution develops and carries 7 out a process to allow each incarcerated indi- 8 vidual to access the transcripts and any other 9 educational records of such individual held by 10 the institution, without regard to the facility at 11 which the individual is being held or whether 12 the individual has been released from such a fa- 13 cility. 14 ‘‘(G) The institution develops and carries 15 out a process to allow each incarcerated indi- 16 vidual an opportunity to provide feedback on 17 courses that is comparable to the opportunity to 18 provide such feedback that the institution offers 19 to non-incarcerated students. 20 ‘‘(H) The institution does not directly 21 charge an incarcerated individual— 22 ‘‘(i) in the case of such an individual 23 who is an individual with a disability, for 24 any cost of the provision of reasonable ac- 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 4073 IH commodations for the individual to partici- 1 pate in a course of study offered by the in- 2 stitution; 3 ‘‘(ii) in the case of such an individual 4 with an expected family contribution for an 5 award year that would not disqualify the 6 individual from receiving a Federal Pell 7 Grant, for any amount of the cost of at- 8 tendance not covered by the Federal Pell 9 Grant or other Federal assistance received 10 by the institution on behalf of the indi- 11 vidual by ensuring that any such amount 12 is offset— 13 ‘‘(I) by a State or institutional 14 grant; or 15 ‘‘(II) other non-Federal financial 16 assistance that does not have to be re- 17 paid by such individual; or 18 ‘‘(iii) in the case of such an individual 19 with an expected family contribution for an 20 award year that would disqualify the indi- 21 vidual from receiving a Federal Pell Grant, 22 an amount that exceeds such expected 23 family contribution. 24 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 4073 IH ‘‘(I) The institution does not (directly or 1 indirectly) charge an incarcerated individual for 2 an award year, an amount that exceeds the in- 3 dividual’s expected family contribution or the 4 cost of attendance for such year. 5 ‘‘(J) The institution makes available to in- 6 carcerated individuals who are considering en- 7 rolling in a course of study offered by the insti- 8 tution, in simple and understandable terms, the 9 following: 10 ‘‘(i) Information with respect to each 11 course of study at the institution for which 12 such an individual may receive a Federal 13 Pell Grant, including— 14 ‘‘(I) the cost of attendance; 15 ‘‘(II) the mode of instruction 16 (such as distance education, in-person 17 instruction, or a combination of such 18 modes); 19 ‘‘(III) the source of funds (in ad- 20 dition to Federal Pell Grants) used to 21 carry out such course of study, includ- 22 ing the funds used to ensure compli- 23 ance with subparagraph (G); 24 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 4073 IH ‘‘(IV) how enrollment in such 1 course of study will impact the period 2 of eligibility for Federal Pell Grants 3 for such an individual, including in a 4 case in which the individual is trans- 5 ferred to another facility or released 6 before the completion of such course; 7 ‘‘(V) the transferability of credits 8 earned, and the acceptability of such 9 credits toward a certificate or degree 10 program offered by the institution; 11 ‘‘(VI) the process for continuing 12 postsecondary education— 13 ‘‘(aa) upon transfer to an- 14 other facility; or 15 ‘‘(bb) after the student’s pe- 16 riod of incarceration or confine- 17 ment; and 18 ‘‘(VII) the process for continuing 19 enrollment at the institution after the 20 student’s period of incarceration or 21 confinement, including any barriers to 22 admission (such as criminal history 23 questions on applications for admis- 24 sion to such institution). 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 4073 IH ‘‘(ii) In the case of an institution that 1 offers a program to prepare incarcerated 2 individuals for gainful employment in a 3 recognized occupation (as such term is 4 used in sections 101(b)(1), 102(c)(1)(A), 5 and 481(b)(1)(A)(i))— 6 ‘‘(I) information on any applica- 7 ble State licensure and certification 8 requirements, including the require- 9 ments of the State in which the facil- 10 ity involved is located and each State 11 in which such individuals permanently 12 reside; and 13 ‘‘(II) restrictions related to the 14 employment of formerly incarcerated 15 individuals for each recognized occu- 16 pation for which the course of study 17 prepares students, including such re- 18 strictions— 19 ‘‘(aa) in Federal law; and 20 ‘‘(bb) in the laws of the 21 State in which the facility in- 22 volved is located and each State 23 in which such individuals perma- 24 nently reside. 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 4073 IH ‘‘(K) The institution submits the informa- 1 tion described in subparagraph (J) to each fa- 2 cility involved, the Secretary, and the accred- 3 iting agency or association described in sub- 4 paragraph (A)(ii). 5 ‘‘(2) APPROVAL BY THE SECRETARY.— 6 ‘‘(A) INITIAL ELIGIBILITY.—With respect 7 to an eligible institution that seeks to award 8 Federal Pell Grants to incarcerated individuals 9 under this subsection, the Secretary shall make 10 an initial determination about whether such in- 11 stitution meets the requirements of this sub- 12 section, which shall include a confirmation that 13 the institution— 14 ‘‘(i) has secured the approval required 15 under paragraph (1)(A)(ii); and 16 ‘‘(ii) meets the requirements of para- 17 graph (1)(B). 18 ‘‘(B) ONGOING ELIGIBILITY.—Not later 19 than 5 years after the Secretary makes an ini- 20 tial determination under subparagraph (A) that 21 an institution meets the requirements of this 22 subsection, and not less than every 5 years 23 thereafter, the Secretary shall determine wheth- 24 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 4073 IH er such institution continues to meet the re- 1 quirements of this subsection, based on— 2 ‘‘(i) a review of the data collected 3 under paragraph (3) with respect to the 4 courses of study offered by such institution 5 in which incarcerated individuals are en- 6 rolled, and other applicable information 7 that may be available to the Secretary; and 8 ‘‘(ii) whether such institution meets 9 the requirements of paragraph (1). 10 ‘‘(3) DATA COLLECTION.—The Secretary shall, 11 on at least an annual basis, collect data with respect 12 to each course of study offered by each institution 13 at which incarcerated individuals are enrolled, in- 14 cluding— 15 ‘‘(A) the demographics of such individuals; 16 ‘‘(B) the share of such individuals receiv- 17 ing Federal Pell Grants; 18 ‘‘(C) information on the academic out- 19 comes of such individuals (such as credits at- 20 tempted and earned, and credential and degree 21 completion); 22 ‘‘(D) to the extent practicable, information 23 on post-release outcomes of such individuals 24 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 4073 IH (such as continued postsecondary enrollment, 1 employment, and recidivism); and 2 ‘‘(E) any data from student satisfaction 3 surveys conducted by the institution or the fa- 4 cility involved regarding such course of study. 5 ‘‘(4) DEFINITIONS.—In this subsection: 6 ‘‘(A) COST OF ATTENDANCE.—The term 7 ‘cost of attendance’ has the meaning given the 8 term in section 472. 9 ‘‘(B) FACILITY.—The term ‘facility’ 10 means— 11 ‘‘(i) a place used for the confinement 12 of individuals convicted of a criminal of- 13 fense that is owned by, or under contract 14 to, the Bureau of Prisons, a State, or a 15 unit of local government; or 16 ‘‘(ii) a facility to which an individual 17 subject to involuntary civil confinement is 18 committed. 19 ‘‘(C) FACILITY INVOLVED.—The term ‘fa- 20 cility involved’ means, when used with respect 21 to an institution of higher education, a facility 22 at which a course of study of the institution is 23 offered to incarcerated individuals. 24 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 4073 IH ‘‘(D) INCARCERATED INDIVIDUAL.—The 1 term ‘incarcerated individual’ means an indi- 2 vidual who is incarcerated in a facility or who 3 is subject to an involuntary civil commitment. 4 ‘‘(E) NON-INCARCERATED STUDENT.—The 5 term ‘non-incarcerated student’ means a stu- 6 dent at an institution of higher education who 7 is not an incarcerated individual.’’. 8 SEC. 3. FAFSA. 9 Section 483 of the Higher Education Act of 1965 (20 10 U.S.C. 1090) is amended— 11 (1) in subsection (a)(4), by adding at the end 12 the following: 13 ‘‘(C) INCARCERATED INDIVIDUALS.— 14 ‘‘(i) IN GENERAL.—The Secretary 15 shall streamline the forms and processes 16 for an incarcerated individual (as defined 17 in section 401(k)(4)) to apply for a Fed- 18 eral Pell Grant under section 401, which— 19 ‘‘(I) shall be used to determine 20 the expected family contribution for 21 such individual as of the date of en- 22 rollment in the course for which the 23 individual is applying for such Federal 24 Pell Grant; and 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 4073 IH ‘‘(II) may include— 1 ‘‘(aa) notwithstanding sec- 2 tion 12(f) of the Military Selec- 3 tive Service Act (50 U.S.C. 4 3811(f)), a waiver of the selective 5 service registration requirement; 6 ‘‘(bb) flexibility in the sub- 7 mission of any required docu- 8 mentation required to verify eligi- 9 bility for a Federal Pell Grant; 10 and 11 ‘‘(cc) assistance in rehabili- 12 tating loans under section 428F. 13 ‘‘(ii) REPORT.—Not later than 1 year 14 after the date of enactment of the Expand- 15 ing Educational Opportunities for Justice- 16 Impacted Communities Act, the Secretary 17 shall submit to the Committee on Edu- 18 cation and Labor of the House of Rep- 19 resentatives and the Committee on Health, 20 Education, Labor, and Pensions of the 21 Senate, and make publicly available on the 22 website of the Department, a report on 23 how the forms and processes are being 24 streamlined under clause (i).’’; and 25 VerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILL [Text truncated for display. Full text available on Congress.gov.]