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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expanding Edu5 cational Opportunities for Justice-Impacted Communities 

6 Act’’. 


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1 SEC. 2. FEDERAL PELL GRANTS ON BEHALF OF INCARCER2 ATED INDIVIDUALS. 

3 (a) REMOVAL OF PROHIBITION.—Section 401(b) of 

4 the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) 

5 is amended by striking paragraph (6). 

6 (b) FEDERAL PELL GRANTS ON BEHALF OF INCAR7 CERATED INDIVIDUALS.—Section 401 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1070a) is amended by add9 ing at the end the following: 

10 ‘‘(k) FEDERAL PELL GRANTS ON BEHALF OF INCAR11 CERATED INDIVIDUALS.— 

12 ‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eli13 gible institution may not award a Federal Pell Grant 

14 to an incarcerated individual or on behalf of such in15 dividual, unless the institution meets the following: 

16 ‘‘(A) The institution is approved to enroll 

17 incarcerated individuals by— 

18 ‘‘(i) the Secretary in accordance with 

19 paragraph (2); and 

20 ‘‘(ii) an accrediting agency or associa21 tion that meets the requirements of section 

22 496(a)(C). 

23 ‘‘(B) The eligible institution— 

24 ‘‘(i) is an institution of higher edu25 cation (as defined in section 101) or a 


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1 postsecondary vocational institution (as de2 fined in section 102(c)); and 

3 ‘‘(ii) during the preceding 5 years, has 

4 not been subject to the denial, withdrawal, 

5 suspension, or termination of accreditation. 

6 ‘‘(C) The institution provides each incar7 cerated individual, upon completion of a course 

8 offered by the institution, with academic credits 

9 that are the equivalent to credits earned by 

10 non-incarcerated students for an equivalent 

11 course of study. 

12 ‘‘(D) The institution provides to the Sec13 retary confirmation from each facility involved 

14 that the course of study offered by the institu15 tion at such facility is accessible to incarcerated 

16 individuals (including such individuals who are 

17 individuals with disabilities). 

18 ‘‘(E) The institution does not enroll incar19 cerated individuals in a course of study offered 

20 primarily as a distance education program, ex21 cept in a case in which the institution provides 

22 to the Secretary— 

23 ‘‘(i) confirmation that the distance 

24 education program offers levels of faculty 

25 interaction, peer engagement, and student 


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1 support sufficient to enable incarcerated 

2 individuals to successfully participate in 

3 such a program; and 

4 ‘‘(ii) evidence of the institution’s suc5 cess in offering other distance education 

6 programs. 

7 ‘‘(F) The institution develops and carries 

8 out a process to allow each incarcerated indi9 vidual to access the transcripts and any other 

10 educational records of such individual held by 

11 the institution, without regard to the facility at 

12 which the individual is being held or whether 

13 the individual has been released from such a fa14 cility. 

15 ‘‘(G) The institution develops and carries 

16 out a process to allow each incarcerated indi17 vidual an opportunity to provide feedback on 

18 courses that is comparable to the opportunity to 

19 provide such feedback that the institution offers 

20 to non-incarcerated students. 

21 ‘‘(H) The institution does not directly 

22 charge an incarcerated individual— 

23 ‘‘(i) in the case of such an individual 

24 who is an individual with a disability, for 

25 any cost of the provision of reasonable acVerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073

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1 commodations for the individual to partici2 pate in a course of study offered by the in3 stitution; 

4 ‘‘(ii) in the case of such an individual 

5 with an expected family contribution for an 

6 award year that would not disqualify the 

7 individual from receiving a Federal Pell 

8 Grant, for any amount of the cost of at9 tendance not covered by the Federal Pell 

10 Grant or other Federal assistance received 

11 by the institution on behalf of the indi12 vidual by ensuring that any such amount 

13 is offset— 

14 ‘‘(I) by a State or institutional 

15 grant; or 

16 ‘‘(II) other non-Federal financial 

17 assistance that does not have to be re18 paid by such individual; or 

19 ‘‘(iii) in the case of such an individual 

20 with an expected family contribution for an 

21 award year that would disqualify the indi22 vidual from receiving a Federal Pell Grant, 

23 an amount that exceeds such expected 

24 family contribution. 


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1 ‘‘(I) The institution does not (directly or 

2 indirectly) charge an incarcerated individual for 

3 an award year, an amount that exceeds the in4 dividual’s expected family contribution or the 

5 cost of attendance for such year. 

6 ‘‘(J) The institution makes available to in7 carcerated individuals who are considering en8 rolling in a course of study offered by the insti9 tution, in simple and understandable terms, the 

10 following: 

11 ‘‘(i) Information with respect to each 

12 course of study at the institution for which 

13 such an individual may receive a Federal 

14 Pell Grant, including— 

15 ‘‘(I) the cost of attendance; 

16 ‘‘(II) the mode of instruction 

17 (such as distance education, in-person 

18 instruction, or a combination of such 

19 modes); 

20 ‘‘(III) the source of funds (in ad21 dition to Federal Pell Grants) used to 

22 carry out such course of study, includ23 ing the funds used to ensure compli24 ance with subparagraph (G); 


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1 ‘‘(IV) how enrollment in such 

2 course of study will impact the period 

3 of eligibility for Federal Pell Grants 

4 for such an individual, including in a 

5 case in which the individual is trans6 ferred to another facility or released 

7 before the completion of such course; 

8 ‘‘(V) the transferability of credits 

9 earned, and the acceptability of such 

10 credits toward a certificate or degree 

11 program offered by the institution; 

12 ‘‘(VI) the process for continuing 

13 postsecondary education— 

14 ‘‘(aa) upon transfer to an15 other facility; or 

16 ‘‘(bb) after the student’s pe17 riod of incarceration or confine18 ment; and 

19 ‘‘(VII) the process for continuing 

20 enrollment at the institution after the 

21 student’s period of incarceration or 

22 confinement, including any barriers to 

23 admission (such as criminal history 

24 questions on applications for admis25 sion to such institution). 


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1 ‘‘(ii) In the case of an institution that 

2 offers a program to prepare incarcerated 

3 individuals for gainful employment in a 

4 recognized occupation (as such term is 

5 used in sections 101(b)(1), 102(c)(1)(A), 

6 and 481(b)(1)(A)(i))— 

7 ‘‘(I) information on any applica8 ble State licensure and certification 

9 requirements, including the require10 ments of the State in which the facil11 ity involved is located and each State 

12 in which such individuals permanently 

13 reside; and 

14 ‘‘(II) restrictions related to the 

15 employment of formerly incarcerated 

16 individuals for each recognized occu17 pation for which the course of study 

18 prepares students, including such re19 strictions— 

20 ‘‘(aa) in Federal law; and 

21 ‘‘(bb) in the laws of the 

22 State in which the facility in23 volved is located and each State 

24 in which such individuals perma25 nently reside. 


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1 ‘‘(K) The institution submits the informa2 tion described in subparagraph (J) to each fa3 cility involved, the Secretary, and the accred4 iting agency or association described in sub5 paragraph (A)(ii). 

6 ‘‘(2) APPROVAL BY THE SECRETARY.— 

7 ‘‘(A) INITIAL ELIGIBILITY.—With respect 

8 to an eligible institution that seeks to award 

9 Federal Pell Grants to incarcerated individuals 

10 under this subsection, the Secretary shall make 

11 an initial determination about whether such in12 stitution meets the requirements of this sub13 section, which shall include a confirmation that 

14 the institution— 

15 ‘‘(i) has secured the approval required 

16 under paragraph (1)(A)(ii); and 

17 ‘‘(ii) meets the requirements of para18 graph (1)(B). 

19 ‘‘(B) ONGOING ELIGIBILITY.—Not later 

20 than 5 years after the Secretary makes an ini21 tial determination under subparagraph (A) that 

22 an institution meets the requirements of this 

23 subsection, and not less than every 5 years 

24 thereafter, the Secretary shall determine whethVerDate Sep 11 2014 23:52 Aug 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4073.IH H4073

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1 er such institution continues to meet the re2 quirements of this subsection, based on— 

3 ‘‘(i) a review of the data collected 

4 under paragraph (3) with respect to the 

5 courses of study offered by such institution 

6 in which incarcerated individuals are en7 rolled, and other applicable information 

8 that may be available to the Secretary; and 

9 ‘‘(ii) whether such institution meets 

10 the requirements of paragraph (1). 

11 ‘‘(3) DATA COLLECTION.—The Secretary shall, 

12 on at least an annual basis, collect data with respect 

13 to each course of study offered by each institution 

14 at which incarcerated individuals are enrolled, in15 cluding— 

16 ‘‘(A) the demographics of such individuals; 

17 ‘‘(B) the share of such individuals receiv18 ing Federal Pell Grants; 

19 ‘‘(C) information on the academic out20 comes of such individuals (such as credits at21 tempted and earned, and credential and degree 

22 completion); 

23 ‘‘(D) to the extent practicable, information 

24 on post-release outcomes of such individuals 


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1 (such as continued postsecondary enrollment, 

2 employment, and recidivism); and 

3 ‘‘(E) any data from student satisfaction 

4 surveys conducted by the institution or the fa5 cility involved regarding such course of study. 

6 ‘‘(4) DEFINITIONS.—In this subsection: 

7 ‘‘(A) COST OF ATTENDANCE.—The term 

8 ‘cost of attendance’ has the meaning given the 

9 term in section 472. 

10 ‘‘(B) FACILITY.—The term ‘facility’ 

11 means— 

12 ‘‘(i) a place used for the confinement 

13 of individuals convicted of a criminal of14 fense that is owned by, or under contract 

15 to, the Bureau of Prisons, a State, or a 

16 unit of local government; or 

17 ‘‘(ii) a facility to which an individual 

18 subject to involuntary civil confinement is 

19 committed. 

20 ‘‘(C) FACILITY INVOLVED.—The term ‘fa21 cility involved’ means, when used with respect 

22 to an institution of higher education, a facility 

23 at which a course of study of the institution is 

24 offered to incarcerated individuals. 


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1 ‘‘(D) INCARCERATED INDIVIDUAL.—The 

2 term ‘incarcerated individual’ means an indi3 vidual who is incarcerated in a facility or who 

4 is subject to an involuntary civil commitment. 

5 ‘‘(E) NON-INCARCERATED STUDENT.—The 

6 term ‘non-incarcerated student’ means a stu7 dent at an institution of higher education who 

8 is not an incarcerated individual.’’. 

9 SEC. 3. FAFSA. 

10 Section 483 of the Higher Education Act of 1965 (20 

11 U.S.C. 1090) is amended— 

12 (1) in subsection (a)(4), by adding at the end 

13 the following: 

14 ‘‘(C) INCARCERATED INDIVIDUALS.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall streamline the forms and processes 

17 for an incarcerated individual (as defined 

18 in section 401(k)(4)) to apply for a Fed19 eral Pell Grant under section 401, which— 

20 ‘‘(I) shall be used to determine 

21 the expected family contribution for 

22 such individual as of the date of en23 rollment in the course for which the 

24 individual is applying for such Federal 

25 Pell Grant; and 


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1 ‘‘(II) may include— 

2 ‘‘(aa) notwithstanding sec3 tion 12(f) of the Military Selec4 tive Service Act (50 U.S.C. 

5 3811(f)), a waiver of the selective 

6 service registration requirement; 

7 ‘‘(bb) flexibility in the sub8 mission of any required docu9 mentation required to verify eligi10 bility for a Federal Pell Grant; 

11 and 

12 ‘‘(cc) assistance in rehabili13 tating loans under section 428F. 

14 ‘‘(ii) REPORT.—Not later than 1 year 

15 after the date of enactment of the Expand16 ing Educational Opportunities for Justice17 Impacted Communities Act, the Secretary 

18 shall submit to the Committee on Edu19 cation and Labor of the House of Rep20 resentatives and the Committee on Health, 

21 Education, Labor, and Pensions of the 

22 Senate, and make publicly available on the 

23 website of the Department, a report on 

24 how the forms and processes are being 

25 streamlined under clause (i).’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(i) PROHIBITION ON QUESTIONS RELATING TO

3 DRUG OFFENSES.—The Secretary may not include on the 

4 forms developed under this subsection any data items re5 lating to whether an applicant has a conviction of any of6 fense under any Federal or State law involving the posses7 sion or sale of a controlled substance (as defined in section 

8 102(6) of the Controlled Substances Act (21 U.S.C. 

9 802(6)).’’. 

10 SEC. 4. REMOVAL OF SUSPENSION OF ELIGIBILITY FOR 

11 DRUG-RELATED OFFENSES. 

12 Section 484 of the Higher Education Act of 1965 (20 

13 U.S.C. 1091) is amended by striking subsection (r). 

14 SEC. 5. ACCREDITING AGENCY RECOGNITION OF INSTITU15 TIONS ENROLLING INCARCERATED INDIVID16 UALS. 

17 Section 496(a)(4) of the Higher Education Act of 

18 1965 (20 U.S.C. 1099b(a)(4)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (B)(ii), by inserting ‘‘and’’ 

22 at the end; and 

23 (3) by adding at the end the following: 

24 ‘‘(C) if such agency or association has or 

25 seeks to include within its scope of recognition 


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1 the evaluation of the quality of institutions of 

2 higher education that seek to award Federal 

3 Pell Grants under section 401(k) to incarcer4 ated individuals for a course of study at such 

5 institution, such agency or association shall, in 

6 addition to meeting the other requirements of 

7 this subpart, demonstrate to the Secretary 

8 that— 

9 ‘‘(i) the agency or association’s stand10 ards include a process for determining if 

11 the institution has the capability to effec12 tively offer such a course of study to incar13 cerated individuals; and 

14 ‘‘(ii) the agency or association re15 quires a demonstration that— 

16 ‘‘(I) such course of study is 

17 taught by faculty with experience and 

18 credentials comparable to the experi19 ence and credentials of faculty who 

20 teach courses of study available to 

21 non-incarcerated students enrolled at 

22 the institution; 

23 ‘‘(II) academic credits earned by 

24 incarcerated individuals for comple25 tion of a course of study are treated 


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1 by the institution as the equivalent to 

2 credits earned by non-incarcerated 

3 students for an equivalent course; 

4 ‘‘(III) the institution provides 

5 sufficient educational content and re6 sources to students enrolled in such a 

7 course of study that are, to the extent 

8 practicable, consistent with the edu9 cational content and resources avail10 able to non-incarcerated students; and 

11 ‘‘(IV) the institution has the ca12 pacity, staffing, and expertise to pro13 vide incarcerated individuals with the 

14 support and advising services nec15 essary to select and successfully par16 ticipate in such a course of study and, 

17 to the extent practicable, with support 

18 upon reentry (including career and 

19 academic advising);’’. 

20 SEC. 6. REPORT ON IMPACTS OF FEDERAL PELL GRANTS 

21 AWARDED TO INCARCERATED INDIVIDUALS. 

22 Not later than 3 years after the date of enactment 

23 of this Act, the Secretary of Education shall submit to 

24 the Committee on Education and Labor of the House of 

25 Representatives and the Committee on Health, Education, 


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1 Labor, and Pensions of the Senate, and make publicly 

2 available on the website of the Department of Education, 

3 a report on the impacts of subsection (k) of section 401 

4 of the Higher Education Act of 1965 (20 U.S.C. 1070a), 

5 as added by this Act, based on the most recent data col6 lected under paragraph (3) of such subsection (k). 

Æ 


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