I 

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. CA ́RDENAS, 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. BARRAGA ́N, Mr. GARCI ́A 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. 

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 ‘‘Financial Aid Fairness 

5 for Students Act’’ or the ‘‘FAFSA Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 4584 IH

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Expanding the ability of low- and middle-in4 come borrowers to pursue higher education is critical 

5 to reversing decades of exclusionary policies that 

6 have adversely impacted people of color. 

7 (2) Under current law, individuals with drug-re8 lated offenses are precluded from accessing Federal 

9 grants, loans, and work-study aid pursuant to sec10 tion 484(r) of the Higher Education Act of 1965 

11 (20 U.S.C. 1091(r)), commonly referred to as the 

12 ‘‘Aid Elimination Penalty’’. 

13 (3) The Free Application for Federal Student 

14 Aid (FAFSA) screens applicants for Federal finan15 cial aid based on her or his history of drug offenses. 

16 (4) Given that criminal sentencing laws in the 

17 United States disproportionately impact racial mi18 norities and low-income communities, the Aid Elimi19 nation Penalty may disproportionately hinder these 

20 same groups from accessing Federal financial aid. 

21 (5) Recognizing that an educated citizenry is 

22 the powerhouse of the Nation, that higher education 

23 allows Americans to access well-paying jobs, health24 care, strong interpersonal relationships and a higher 

25 quality of life, the Federal Government should incenVerDate Sep 11 2014 18:50 Oct 07, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4584.IH H4584

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 4584 IH

1 tivize the pursuit of higher education while ensuring 

2 equality of opportunity. 

3 SEC. 3. REPEAL OF SUSPENSION OF ELIGIBILITY UNDER 

4 THE HIGHER EDUCATION ACT OF 1965 FOR 

5 GRANTS, LOANS, AND WORK ASSISTANCE FOR 

6 DRUG-RELATED OFFENSES. 

7 (a) REPEAL.—Subsection (r) of section 484 of the 

8 Higher Education Act of 1965 (20 U.S.C. 1091(r)) is re9 pealed. 

10 (b) REVISION OF FAFSA FORM.—Section 483 of the 

11 Higher Education Act of 1965 (20 U.S.C. 1090) is 

12 amended by adding at the end the following: 

13 ‘‘(i) CONVICTIONS.—The Secretary 

14 shall not include any question about the 

15 conviction of an applicant for the posses16 sion or sale of illegal drugs on the FAFSA 

17 (or any other form developed under sub18 section (a)).’’. 

19 (c) CONFORMING AMENDMENTS.—The Higher Edu20 cation Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 

21 (1) in section 428(b)(3) (20 U.S.C. 

22 1078(b)(3))— 

23 (A) in subparagraph (C), by striking 

24 ‘‘485(l)’’ and inserting ‘‘485(k)’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 4584 IH

1 (B) in subparagraph (D), by striking 

2 ‘‘485(l)’’ and inserting ‘‘485(k)’’; 

3 (2) in section 435(d)(5) (20 U.S.C. 

4 1085(d)(5))— 

5 (A) in subparagraph (E), by striking 

6 ‘‘485(l)’’ and inserting ‘‘485(k)’’; and 

7 (B) in subparagraph (F), by striking 

8 ‘‘485(l)’’ and inserting ‘‘485(k)’’; 

9 (3) in section 484 (20 U.S.C. 1091)— 

10 (A) by striking subsection (r); and 

11 (B) by redesignating subsections (s) and 

12 (t) as subsections (r) and (s), respectively; 

13 (4) in section 485 (20 U.S.C. 1092)— 

14 (A) by striking subsection (k); and 

15 (B) by redesignating subsections (l) and 

16 (m) as subsections (k) and (l), respectively; and 

17 (5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C. 

18 1094(e)(2)(B)(ii)(IV)), by striking ‘‘(l) of section 

19 485’’ and inserting ‘‘(k) of section 485’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS