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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Expanding Edu-
cational Opportunities for Justice-Impacted Communities 
Act’’. 
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SEC. 2. FEDERAL PELL GRANTS ON BEHALF OF INCARCER-
ATED INDIVIDUALS. 
(a) REMOVAL OF PROHIBITION.—Section 401(b) of 
the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) 
is amended by striking paragraph (6). 
(b) FEDERAL PELL GRANTS ON BEHALF OF INCAR-
CERATED INDIVIDUALS.—Section 401 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070a) is amended by add-
ing at the end the following: 
‘‘(k) FEDERAL PELL GRANTS ON BEHALF OF INCAR-
CERATED INDIVIDUALS.— 
‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eli-
gible institution may not award a Federal Pell Grant 
to an incarcerated individual or on behalf of such in-
dividual, unless the institution meets the following: 
‘‘(A) The institution is approved to enroll 
incarcerated individuals by— 
‘‘(i) the Secretary in accordance with 
paragraph (2); and 
‘‘(ii) an accrediting agency or associa-
tion that meets the requirements of section 
496(a)(C). 
‘‘(B) The eligible institution— 
‘‘(i) is an institution of higher edu-
cation (as defined in section 101) or a 
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postsecondary vocational institution (as de-
fined in section 102(c)); and 
‘‘(ii) during the preceding 5 years, has 
not been subject to the denial, withdrawal, 
suspension, or termination of accreditation. 
‘‘(C) The institution provides each incar-
cerated individual, upon completion of a course 
offered by the institution, with academic credits 
that are the equivalent to credits earned by 
non-incarcerated students for an equivalent 
course of study. 
‘‘(D) The institution provides to the Sec-
retary confirmation from each facility involved 
that the course of study offered by the institu-
tion at such facility is accessible to incarcerated 
individuals (including such individuals who are 
individuals with disabilities). 
‘‘(E) The institution does not enroll incar-
cerated individuals in a course of study offered 
primarily as a distance education program, ex-
cept in a case in which the institution provides 
to the Secretary— 
‘‘(i) confirmation that the distance 
education program offers levels of faculty 
interaction, peer engagement, and student 
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support sufficient to enable incarcerated 
individuals to successfully participate in 
such a program; and 
‘‘(ii) evidence of the institution’s suc-
cess in offering other distance education 
programs. 
‘‘(F) The institution develops and carries 
out a process to allow each incarcerated indi-
vidual to access the transcripts and any other 
educational records of such individual held by 
the institution, without regard to the facility at 
which the individual is being held or whether 
the individual has been released from such a fa-
cility. 
‘‘(G) The institution develops and carries 
out a process to allow each incarcerated indi-
vidual an opportunity to provide feedback on 
courses that is comparable to the opportunity to 
provide such feedback that the institution offers 
to non-incarcerated students. 
‘‘(H) The institution does not directly 
charge an incarcerated individual— 
‘‘(i) in the case of such an individual 
who is an individual with a disability, for 
any cost of the provision of reasonable ac-
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commodations for the individual to partici-
pate in a course of study offered by the in-
stitution; 
‘‘(ii) in the case of such an individual 
with an expected family contribution for an 
award year that would not disqualify the 
individual from receiving a Federal Pell 
Grant, for any amount of the cost of at-
tendance not covered by the Federal Pell 
Grant or other Federal assistance received 
by the institution on behalf of the indi-
vidual by ensuring that any such amount 
is offset— 
‘‘(I) by a State or institutional 
grant; or 
‘‘(II) other non-Federal financial 
assistance that does not have to be re-
paid by such individual; or 
‘‘(iii) in the case of such an individual 
with an expected family contribution for an 
award year that would disqualify the indi-
vidual from receiving a Federal Pell Grant, 
an amount that exceeds such expected 
family contribution. 
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‘‘(I) The institution does not (directly or 
indirectly) charge an incarcerated individual for 
an award year, an amount that exceeds the in-
dividual’s expected family contribution or the 
cost of attendance for such year. 
‘‘(J) The institution makes available to in-
carcerated individuals who are considering en-
rolling in a course of study offered by the insti-
tution, in simple and understandable terms, the 
following: 
‘‘(i) Information with respect to each 
course of study at the institution for which 
such an individual may receive a Federal 
Pell Grant, including— 
‘‘(I) the cost of attendance; 
‘‘(II) the mode of instruction 
(such as distance education, in-person 
instruction, or a combination of such 
modes); 
‘‘(III) the source of funds (in ad-
dition to Federal Pell Grants) used to 
carry out such course of study, includ-
ing the funds used to ensure compli-
ance with subparagraph (G); 
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‘‘(IV) how enrollment in such 
course of study will impact the period 
of eligibility for Federal Pell Grants 
for such an individual, including in a 
case in which the individual is trans-
ferred to another facility or released 
before the completion of such course; 
‘‘(V) the transferability of credits 
earned, and the acceptability of such 
credits toward a certificate or degree 
program offered by the institution; 
‘‘(VI) the process for continuing 
postsecondary education— 
‘‘(aa) upon transfer to an-
other facility; or 
‘‘(bb) after the student’s pe-
riod of incarceration or confine-
ment; and 
‘‘(VII) the process for continuing 
enrollment at the institution after the 
student’s period of incarceration or 
confinement, including any barriers to 
admission (such as criminal history 
questions on applications for admis-
sion to such institution). 
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‘‘(ii) In the case of an institution that 
offers a program to prepare incarcerated 
individuals for gainful employment in a 
recognized occupation (as such term is 
used in sections 101(b)(1), 102(c)(1)(A), 
and 481(b)(1)(A)(i))— 
‘‘(I) information on any applica-
ble State licensure and certification 
requirements, including the require-
ments of the State in which the facil-
ity involved is located and each State 
in which such individuals permanently 
reside; and 
‘‘(II) restrictions related to the 
employment of formerly incarcerated 
individuals for each recognized occu-
pation for which the course of study 
prepares students, including such re-
strictions— 
‘‘(aa) in Federal law; and 
‘‘(bb) in the laws of the 
State in which the facility in-
volved is located and each State 
in which such individuals perma-
nently reside. 
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‘‘(K) The institution submits the informa-
tion described in subparagraph (J) to each fa-
cility involved, the Secretary, and the accred-
iting agency or association described in sub-
paragraph (A)(ii). 
‘‘(2) APPROVAL BY THE SECRETARY.— 
‘‘(A) INITIAL ELIGIBILITY.—With respect 
to an eligible institution that seeks to award 
Federal Pell Grants to incarcerated individuals 
under this subsection, the Secretary shall make 
an initial determination about whether such in-
stitution meets the requirements of this sub-
section, which shall include a confirmation that 
the institution— 
‘‘(i) has secured the approval required 
under paragraph (1)(A)(ii); and 
‘‘(ii) meets the requirements of para-
graph (1)(B). 
‘‘(B) ONGOING
ELIGIBILITY.—Not later 
than 5 years after the Secretary makes an ini-
tial determination under subparagraph (A) that 
an institution meets the requirements of this 
subsection, and not less than every 5 years 
thereafter, the Secretary shall determine wheth-
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er such institution continues to meet the re-
quirements of this subsection, based on— 
‘‘(i) a review of the data collected 
under paragraph (3) with respect to the 
courses of study offered by such institution 
in which incarcerated individuals are en-
rolled, and other applicable information 
that may be available to the Secretary; and 
‘‘(ii) whether such institution meets 
the requirements of paragraph (1). 
‘‘(3) DATA COLLECTION.—The Secretary shall, 
on at least an annual basis, collect data with respect 
to each course of study offered by each institution 
at which incarcerated individuals are enrolled, in-
cluding— 
‘‘(A) the demographics of such individuals; 
‘‘(B) the share of such individuals receiv-
ing Federal Pell Grants; 
‘‘(C) information on the academic out-
comes of such individuals (such as credits at-
tempted and earned, and credential and degree 
completion); 
‘‘(D) to the extent practicable, information 
on post-release outcomes of such individuals 
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(such as continued postsecondary enrollment, 
employment, and recidivism); and 
‘‘(E) any data from student satisfaction 
surveys conducted by the institution or the fa-
cility involved regarding such course of study. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) COST
OF
ATTENDANCE.—The term 
‘cost of attendance’ has the meaning given the 
term in section 472. 
‘‘(B) 
FACILITY.—The 
term 
‘facility’ 
means— 
‘‘(i) a place used for the confinement 
of individuals convicted of a criminal of-
fense that is owned by, or under contract 
to, the Bureau of Prisons, a State, or a 
unit of local government; or 
‘‘(ii) a facility to which an individual 
subject to involuntary civil confinement is 
committed. 
‘‘(C) FACILITY INVOLVED.—The term ‘fa-
cility involved’ means, when used with respect 
to an institution of higher education, a facility 
at which a course of study of the institution is 
offered to incarcerated individuals. 
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‘‘(D) INCARCERATED
INDIVIDUAL.—The 
term ‘incarcerated individual’ means an indi-
vidual who is incarcerated in a facility or who 
is subject to an involuntary civil commitment. 
‘‘(E) NON-INCARCERATED STUDENT.—The 
term ‘non-incarcerated student’ means a stu-
dent at an institution of higher education who 
is not an incarcerated individual.’’. 
SEC. 3. FAFSA. 
Section 483 of the Higher Education Act of 1965 (20 
U.S.C. 1090) is amended— 
(1) in subsection (a)(4), by adding at the end 
the following: 
‘‘(C) INCARCERATED INDIVIDUALS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall streamline the forms and processes 
for an incarcerated individual (as defined 
in section 401(k)(4)) to apply for a Fed-
eral Pell Grant under section 401, which— 
‘‘(I) shall be used to determine 
the expected family contribution for 
such individual as of the date of en-
rollment in the course for which the 
individual is applying for such Federal 
Pell Grant; and 
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‘‘(II) may include— 
‘‘(aa) notwithstanding sec-
tion 12(f) of the Military Selec-
tive Service Act (50 U.S.C. 
3811(f)), a waiver of the selective 
service registration requirement; 
‘‘(bb) flexibility in the sub-
mission of any required docu-
mentation required to verify eligi-
bility for a Federal Pell Grant; 
and 
‘‘(cc) assistance in rehabili-
tating loans under section 428F. 
‘‘(ii) REPORT.—Not later than 1 year 
after the date of enactment of the Expand-
ing Educational Opportunities for Justice- 
Impacted Communities Act, the Secretary 
shall submit to the Committee on Edu-
cation and Labor of the House of Rep-
resentatives and the Committee on Health, 
Education, Labor, and Pensions of the 
Senate, and make publicly available on the 
website of the Department, a report on 
how the forms and processes are being 
streamlined under clause (i).’’; and 
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(2) by adding at the end the following: 
‘‘(i) PROHIBITION
ON QUESTIONS RELATING
TO 
DRUG OFFENSES.—The Secretary may not include on the 
forms developed under this subsection any data items re-
lating to whether an applicant has a conviction of any of-
fense under any Federal or State law involving the posses-
sion or sale of a controlled substance (as defined in section 
102(6) of the Controlled Substances Act (21 U.S.C. 
802(6)).’’. 
SEC. 4. REMOVAL OF SUSPENSION OF ELIGIBILITY FOR 
DRUG-RELATED OFFENSES. 
Section 484 of the Higher Education Act of 1965 (20 
U.S.C. 1091) is amended by striking subsection (r). 
SEC. 5. ACCREDITING AGENCY RECOGNITION OF INSTITU-
TIONS ENROLLING INCARCERATED INDIVID-
UALS. 
Section 496(a)(4) of the Higher Education Act of 
1965 (20 U.S.C. 1099b(a)(4)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B)(ii), by inserting ‘‘and’’ 
at the end; and 
(3) by adding at the end the following: 
‘‘(C) if such agency or association has or 
seeks to include within its scope of recognition 
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the evaluation of the quality of institutions of 
higher education that seek to award Federal 
Pell Grants under section 401(k) to incarcer-
ated individuals for a course of study at such 
institution, such agency or association shall, in 
addition to meeting the other requirements of 
this subpart, demonstrate to the Secretary 
that— 
‘‘(i) the agency or association’s stand-
ards include a process for determining if 
the institution has the capability to effec-
tively offer such a course of study to incar-
cerated individuals; and 
‘‘(ii) the agency or association re-
quires a demonstration that— 
‘‘(I) such course of study is 
taught by faculty with experience and 
credentials comparable to the experi-
ence and credentials of faculty who 
teach courses of study available to 
non-incarcerated students enrolled at 
the institution; 
‘‘(II) academic credits earned by 
incarcerated individuals for comple-
tion of a course of study are treated 
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by the institution as the equivalent to 
credits earned by non-incarcerated 
students for an equivalent course; 
‘‘(III) the institution provides 
sufficient educational content and re-
sources to students enrolled in such a 
course of study that are, to the extent 
practicable, consistent with the edu-
cational content and resources avail-
able to non-incarcerated students; and 
‘‘(IV) the institution has the ca-
pacity, staffing, and expertise to pro-
vide incarcerated individuals with the 
support and advising services nec-
essary to select and successfully par-
ticipate in such a course of study and, 
to the extent practicable, with support 
upon reentry (including career and 
academic advising);’’. 
SEC. 6. REPORT ON IMPACTS OF FEDERAL PELL GRANTS 
AWARDED TO INCARCERATED INDIVIDUALS. 
Not later than 3 years after the date of enactment 
of this Act, the Secretary of Education shall submit to 
the Committee on Education and Labor of the House of 
Representatives and the Committee on Health, Education, 
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Labor, and Pensions of the Senate, and make publicly 
available on the website of the Department of Education, 
a report on the impacts of subsection (k) of section 401 
of the Higher Education Act of 1965 (20 U.S.C. 1070a), 
as added by this Act, based on the most recent data col-
lected under paragraph (3) of such subsection (k). 
Æ 
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