I 
116TH CONGRESS 
1ST SESSION H. R. 2635 
To amend title 18, United States Code, to establish an Office of Correctional 
Education, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2019 
Mr. CUMMINGS (for himself and Ms. DEAN) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Veterans’ Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 18, United States Code, to establish an 
Office of Correctional Education, and for other purposes. 
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 ‘‘Promoting Reentry 
Through Education in Prisons Act of 2019’’ or the 
‘‘PREP Act’’. 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
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(1) Over the course of an 8-year-period fol-
lowing the release of individuals from Federal pris-
ons, the United States Sentencing Commission 
found that 49.3 percent of such individuals were re-
arrested, 31.7 percent were reconvicted, and 24.6 
percent were reincarcerated. 
(2) The Bureau of Justice Statistics found that 
over a similar time period as described in paragraph 
(1), 83 percent of people released from State prisons 
were rearrested. 
(3) A broad spectrum of correctional education 
programming can prepare individuals for the con-
temporary workforce pre-release, ensuring that upon 
release the individuals are best situated to be pro-
ductive members of their communities. 
(4) Education for people in prisons has a clear 
public safety benefit, reducing recidivism rates by 
over 43 percent. 
(5) Employment is 13 percent higher for indi-
viduals who participated in either academic or voca-
tional programs in prison, and 28 percent higher for 
individuals who participated in vocational programs 
alone. 
(6) During the first 3 years after an individual 
is released, each dollar spent on funding prison edu-
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cation programs reduces incarceration costs by 4 to 
5 dollars. 
(7) Correctional education helps to improve the 
safety of the prison environment, not only for incar-
cerated individuals, but also for correctional officers 
and prison staff. 
(8) A 2016 analysis of the Bureau of Prisons 
education programs found that the Bureau of Pris-
ons spends 20 percent as much on inmate education 
as the nearest sized State prison systems and experi-
ences a proportionally low return. 
(9) The 2016 analysis described in paragraph 
(8) also found that the Bureau of Prisons lacked the 
staff, programmatic strategy and alignment, budget, 
assessment, and educational support to effectively 
administer educational programs. 
(b) PURPOSE.—The purpose of this Act is to create 
a dedicated office within the Bureau of Prisons to— 
(1) improve the correctional educational pro-
gramming provided by the Bureau of Prisons; 
(2) ensure access to quality programs across all 
Federal penal and correctional institutions; 
(3) create partnerships with education providers 
to offer quality programs; and 
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(4) create a repository of research and best 
practices to State and local correctional institutions. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ASSISTANT DIRECTOR.—The term ‘‘Assist-
ant Director’’ means the Assistant Director for Cor-
rectional Education appointed under section 4142(b) 
of title 18, United States Code, as added by this 
Act. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau of Prisons. 
SEC. 4. OFFICE OF CORRECTIONAL EDUCATION. 
(a) IN GENERAL.—Part III of title 18, United States 
Code, is amended by inserting after chapter 307 the fol-
lowing: 
‘‘CHAPTER 308—EDUCATION 
‘‘Sec. 
‘‘4141. Definitions. 
‘‘4142. Office of Correctional Education. 
‘‘4143. Federal Correctional Education Program. 
‘‘§ 4141. Definitions 
‘‘In this chapter: 
‘‘(1) ASSISTANT DIRECTOR.—The term ‘Assist-
ant Director’ means the Assistant Director for Cor-
rectional 
Education 
appointed 
under 
section 
4142(b). 
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‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Bureau of Prisons. 
‘‘(3) DISABILITY.—The term ‘disability’ has the 
meaning given the term in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
‘‘(4) HIGH SCHOOL DIPLOMA.—The term ‘high 
school diploma’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
‘‘§ 4142. Office of Correctional Education 
‘‘(a) PURPOSES.—The purposes of this chapter are 
to— 
‘‘(1) ensure that all Federal penal and correc-
tional institutions provide quality educational pro-
grams for incarcerated individuals; 
‘‘(2) be a nationwide repository for research, 
policies, and best practices in correctional education; 
and 
‘‘(3) offer training and technical assistance for 
State prison systems. 
‘‘(b) ESTABLISHMENT OF THE OFFICE OF CORREC-
TIONAL EDUCATION.—The Director shall establish within 
the Bureau of Prisons an Office of Correctional Edu-
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cation, which shall be headed by an Assistant Director for 
Correctional Education appointed by the Director. 
‘‘(c) FUNCTIONS OF THE OFFICE OF CORRECTIONAL 
EDUCATION.—The Office of Correctional Education re-
quired to be established under this section shall ensure 
the provision of educational services for incarcerated indi-
viduals in all Federal penal and correctional institutions, 
including programs such as adult literacy, basic skills de-
velopment, education toward a regular high school diploma 
or its recognized equivalent, postsecondary education, 
workforce development, that leads to an industry-recog-
nized credential, a certificate, or an associate degree, pre- 
apprenticeships, registered apprenticeships, career and 
technical education, and expanded opportunities for indi-
viduals with a disability, including by— 
‘‘(1) implementing the Federal Correctional 
Education Program under section 4143; 
‘‘(2) coordinating and standardizing quality, 
evidence-based, and effective education programs 
and services across all Federal penal and correc-
tional institutions; 
‘‘(3) coordinating relevant Federal agencies in 
providing quality educational services, including by 
consulting with the Office of Career, Technical, and 
Adult Education of the Department of Education; 
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‘‘(4) coordinating with the Secretary of Vet-
erans Affairs to identify and provide information to 
incarcerated veterans regarding potential eligibility 
for educational assistance under laws administered 
by the Secretary, including educational assistance 
under chapters 30 and 33 of title 38, United States 
Code; 
‘‘(5) conducting research and issuing reports on 
correctional education best practices, particularly as 
it relates to pedagogy and instruction of incarcerated 
people; 
‘‘(6) providing training and technical assistance 
for State prison systems to improve correctional edu-
cation; and 
‘‘(7) coordinating with the Bureau of Justice 
Statistics, the National Institute of Justice, National 
Center for Education Statistics, the National Insti-
tute of Corrections, and other relevant agencies as 
designated by the Assistant Director in collecting 
and reporting Federal and State data on— 
‘‘(A) the number of individuals who enroll 
in and complete a correctional education pro-
gram, including a career and technical edu-
cation sequence, earn a regular high school di-
ploma or its recognized equivalent, or enroll in 
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and earn a postsecondary degree or certificate, 
while incarcerated; 
‘‘(B) the number of individuals who do not 
complete an education program described in 
subparagraph (A) and the reasons for non-com-
pletion; 
‘‘(C) any State or Federal prohibitions or 
limitations on employment for individuals with 
felony convictions; 
‘‘(D) the correlation between participating 
in or completing a program described in sub-
paragraph (A) and continued educational en-
rollment, both in-custody and post-release; 
‘‘(E) the correlation between participating 
in and completing a program described in sub-
paragraph (A) with post-release outcomes, in-
cluding job placement, job retention, and recidi-
vism; 
‘‘(F) the correlation between participating 
in and completing a program described in sub-
paragraph (A) with in-custody outcomes, in-
cluding enrollment in other education or train-
ing programs and reduction in citations; 
‘‘(G) the impact of the correlation de-
scribed in subparagraphs (C) and (D) on over-
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all corrections spending through factors such 
as— 
‘‘(i) impacts on recidivism; 
‘‘(ii) spending on Federal penal and 
correctional institutions and State prisons; 
and 
‘‘(iii) other relevant factors; and 
‘‘(H) other relevant data. 
‘‘§ 4143. Federal Correctional Education Program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DEMONSTRATED
EFFECTIVENESS.—The 
term ‘demonstrated effectiveness’ means the past ef-
fectiveness of an eligible provider demonstrated by 
providing— 
‘‘(A) performance data on its record of im-
proving the skills of eligible students, particu-
larly eligible individuals who have low levels of 
literacy, in the content domains of reading, 
writing, mathematics, English language acquisi-
tion, and other relevant subject areas; and 
‘‘(B) information regarding its outcomes 
for participants related to program completion, 
employment attainment, pursuit of additional 
education, and other relevant factors. 
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‘‘(2) ELIGIBLE PROVIDER.—The term ‘eligible 
provider’ means an organization that has dem-
onstrated effectiveness in providing programs such 
as adult literacy, basic skills development, education 
toward a regular high school diploma or its recog-
nized equivalent, postsecondary education, workforce 
readiness, apprenticeships, career and technical edu-
cation, and programing individuals with learning dis-
abilities, which may include— 
‘‘(A) an institution of higher education; 
‘‘(B) a local educational agency; 
‘‘(C) a community-based organization or 
faith-based organization; 
‘‘(D) a volunteer literacy organization; 
‘‘(E) a public or private nonprofit agency; 
‘‘(F) a nonprofit institution that is not de-
scribed in subparagraphs (A) through (E) and 
has the ability to provide adult education and 
literacy activities to eligible individuals; 
‘‘(G) a consortium or coalition of the agen-
cies, organizations, and institutions described in 
any of subparagraphs (A) through (F); and 
‘‘(H) a partnership between an employer 
and an entity described in any of subpara-
graphs (A) through (G). 
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‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means an individual who is incarcerated in 
a Federal correctional facility. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(5) PROGRAM.—The term ‘Program’ means 
the Federal Correctional Education Program re-
quired to be established under subsection (b)(1). 
‘‘(b) AUTHORIZATION.— 
‘‘(1) IN
GENERAL.—The Assistant Director 
shall establish a Federal Correctional Education 
Program to develop and support partnerships be-
tween eligible providers and Federal correctional fa-
cilities to provide quality educational opportunities 
to facilitate successful community reintegration. 
‘‘(2) SELECTION
OF
ELIGIBLE
PROVIDERS.— 
The Assistant Director shall select eligible providers 
to partner with Federal correctional facilities to de-
velop quality programs for eligible students, which 
shall include correctional education programs, such 
as— 
‘‘(A) adult literacy; 
‘‘(B) basic skills development; 
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‘‘(C) education toward a regular high 
school diploma or its recognized equivalent; 
‘‘(D) postsecondary education; 
‘‘(E) workforce development that leads to 
an industry recognized credential, a certificate, 
or an associate degree; 
‘‘(F) apprenticeships; and 
‘‘(G) career and technical education. 
‘‘(3) QUALITY PROGRAMS.—When determining 
which eligible providers will be selected for participa-
tion in the Program, the Assistant Director shall— 
‘‘(A) consider the evidence that an eligible 
provider demonstrates a strong record on stu-
dent outcomes and successful community re-
integration that shall include— 
‘‘(i) high rates of program completion; 
‘‘(ii) a demonstrated record of a re-
duction in recidivism rates, if available; 
‘‘(iii) success in securing employment, 
if available; 
‘‘(iv) employment retention, if avail-
able; 
‘‘(v) housing stability, if available; and 
‘‘(vi) other relevant factors; and 
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‘‘(B) give preference to eligible providers 
that demonstrate success in the categories de-
scribed in subparagraph (A). 
‘‘(4) DIPLOMA MILLS.—The Assistant Director 
will prevent diploma mills (as defined in section 103 
of the Higher Education Act of 1965 (20 U.S.C. 
1003)) from participating in the Program. 
‘‘(c) PARTICIPATION BY ELIGIBLE PROVIDERS.— 
‘‘(1) IN GENERAL.—An eligible provider that 
desires to participate in the Program under this sec-
tion shall— 
‘‘(A) develop a quality program, in coordi-
nation with the Federal correctional facility 
with which the institution is in partnership, for 
eligible students, in which the Federal correc-
tional facility shall administer the logistics of 
the program, such as— 
‘‘(i) scheduling; 
‘‘(ii) location and space; 
‘‘(iii) security; and 
‘‘(iv) other logistical factors; 
‘‘(B) ensure that all eligible students with-
out a verifiable high school diploma or its rec-
ognized equivalent receive adult literacy, basic 
adult education, skills development, and edu-
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cation toward a regular high school diploma or 
its recognized equivalent; and 
‘‘(C) prioritize workforce development pro-
grams that prepare eligible students for in-de-
mand sectors or occupations from which they 
are not legally barred from entering due to re-
strictions on formerly incarcerated individuals 
obtaining any necessary licenses or certifi-
cations for those occupations, and in doing so, 
providers shall— 
‘‘(i) consider State licensing require-
ments, administrative barriers, and waiver 
provisions that will impact eligible students 
in certain occupations when designing their 
programs; and 
‘‘(ii) inform eligible students prior to 
participation in programs of potential pro-
hibitions or limitations to licensing or em-
ployment upon release depending on the 
program offered and the States in which 
eligible students settle. 
‘‘(2) INFORMATION TO ELIGIBLE STUDENTS.— 
Eligible providers that participate in the Program 
under this section shall, as applicable— 
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‘‘(A) disclose to eligible students and the 
Office of Correctional Education information 
about any part of the academic program devel-
oped under this section that, by design, cannot 
be completed while a student is incarcerated, as 
well as the options available for an eligible stu-
dent to complete any remaining program re-
quirements post-release; 
‘‘(B) offer eligible students who are re-
leased while in enrolled in correctional edu-
cation the opportunity to continue the students’ 
enrollment in the academic program and trans-
fer credits earned if the student is released 
from the Federal correctional facility prior to 
completion of the correctional education pro-
gram; 
‘‘(C) inform eligible students of the aca-
demic and financial aid options available if the 
students are not able to complete the academic 
program while incarcerated, including whether 
the eligible students can continue in the pro-
gram after release, transfer credits earned in 
the program to another program offered by the 
institution, or transfer credits earned in the 
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program to another institution of higher edu-
cation; 
‘‘(D) for eligible students who wish to con-
tinue their education upon release— 
‘‘(i) offer academic advising; and 
‘‘(ii) offer appropriate financial aid 
counseling, including Federal and State fi-
nancial aid and student loan counseling; 
and 
‘‘(E) offer eligible students career coun-
seling and job placement assistance upon cor-
rectional education program completion and re-
lease from custody. 
‘‘(3) INFORMATION TO THE OFFICE OF COR-
RECTIONAL EDUCATION.—An eligible provider that 
participates in the Program under this section shall 
submit to the Assistant Director— 
‘‘(A) a plan for providing academic and ca-
reer guidance to eligible students, as well as 
transition services, to support successful com-
munity reintegration of such students; and 
‘‘(B) relevant information about the eligi-
ble students participating in the Program it re-
lates to subparagraph (A). 
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‘‘(d) TECHNICAL ASSISTANCE.—The Assistant Direc-
tor shall work with relevant Federal agencies to provide 
technical assistance to eligible providers, and the Federal 
correctional facilities with which they are in partnership, 
developing new quality academic programs for eligible stu-
dents, or expanding existing programs. 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—An eligible provider that 
participates in the Program, working with the Fed-
eral correctional facility with which it is in partner-
ship, shall submit to the Assistant Director an an-
nual report on the provider’s academic program for 
eligible students, including implementation and re-
sults. 
‘‘(2) CONTENTS OF REPORT.—Each annual re-
port submitted under paragraph (1) shall include in-
formation on— 
‘‘(A) courses and programs offered; 
‘‘(B) numbers, rates, and types of certifi-
cates and degrees awarded; 
‘‘(C) the partnership with the Federal cor-
rectional facility, including information on space 
allocation, resources, staffing, and other rel-
evant information on effective collaboration; 
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‘‘(D) the effectiveness of the various cor-
rectional education program’s length, and the 
value of credentials or degrees earned with dif-
ferent credit length; 
‘‘(E) the variance of different doses or 
credit length by educational program; 
‘‘(F) the models of instruction, curriculum, 
and other characteristics of program delivery 
that are most effective in a correctional envi-
ronment; 
‘‘(G) challenges in providing programs and 
courses in the prison settings; 
‘‘(H) how such challenges were addressed; 
‘‘(I) suggestions for the agency to assist in 
addressing challenges; 
‘‘(J) impacts on the environment and safe-
ty of the correctional facility; 
‘‘(K) average and projected costs, overall 
and per student, of the program; 
‘‘(L) student demographic data, including 
age, gender, race, ethnicity, and security or cus-
tody level; and 
‘‘(M) other relevant data. 
‘‘(f) EVALUATION.— 
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‘‘(1) IN GENERAL.—The Assistant Director, in 
coordination with the National Institute of Correc-
tions and the Secretary of Education, shall conduct 
an evaluation of the Program that assesses— 
‘‘(A) in-custody outcomes, including im-
pacts on tickets, segregation, program partici-
pation outside of education, and continued en-
rollment in correctional education programs; 
‘‘(B) post-release outcomes, including— 
‘‘(i) postsecondary enrollment in and 
continuance of education by eligible stu-
dents after release; 
‘‘(ii) degree attainment from an insti-
tution of higher education; 
‘‘(iii) progress toward a degree in 
credits or time; 
‘‘(iv) continued participation in edu-
cational programs after release; 
‘‘(v) factors related to the pursuit of 
education, such as housing attainment; and 
‘‘(vi) other relevant factors; 
‘‘(C) safety in correctional facilities; 
‘‘(D) the demand for participation in cor-
rectional education programs, including the size 
of waiting lists; 
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‘‘(E) employment outcomes of participants; 
‘‘(F) impacts on recidivism; and 
‘‘(G) other relevant data. 
‘‘(2) DISAGGREGATION.—The data collected 
through the evaluation required under paragraph (1) 
shall, to the extent practicable, be disaggregated by 
program provider to facilitate selection of eligible 
providers under subsection (b). 
‘‘(3) STUDENT OUTCOMES.—The evaluation de-
scribed in paragraph (1) shall gather data on eligible 
students while incarcerated and for the 3- and 5- 
year periods post-release from incarceration. 
‘‘(4) PARTNERSHIP.—The evaluation described 
in paragraph (1) shall be conducted in partnership 
with one or multiple external evaluators. 
‘‘(5) PUBLICATION.—Not later than 180 days 
after the date on which the evaluations required 
under paragraph (1) is completed, the Assistant Di-
rector shall— 
‘‘(A) submit the evaluation, including rec-
ommendations for Program improvements, to 
Congress; and 
‘‘(B) publish the evaluation. 
‘‘(g) MATCHING FUNDS.—The Federal share of the 
cost of an academic program carried out under this section 
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may not exceed 75 percent of the total cost of the aca-
demic program. 
‘‘(h) ALLOCATION OF FUNDS.—For fiscal years 2020 
through 2026, of the amounts appropriated to the Bureau 
of Prisons, $170,000,000 shall be used to carry out sub-
section (b).’’. 
(b) AMENDMENT TO DUTIES OF THE BUREAU OF 
PRISONS.—Section 4042(a) of title 18, United States 
Code, is amended— 
(1) in subparagraph (D)— 
(A) by striking ‘‘(D) establish’’ and insert-
ing ‘‘(6) establish’’; and 
(B) in clause (ii), by striking ‘‘and’’ at the 
end; 
(2) by inserting after paragraph (6), as so re-
designated, the following: 
‘‘(7) establish the Office of Correctional Edu-
cation required under section 4142; and’’; and 
(3) in subparagraph (E), by striking ‘‘(E) es-
tablish’’ and inserting ‘‘(8) establish’’. 
(c) TABLE OF CHAPTERS AMENDMENT.—The table 
of chapters for part III of title 18, United States Code, 
is amended by inserting after the item relating to section 
307 the following: 
‘‘308. Education ....................................................................................... 4141’’. 
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SEC. 5. CORRECTIONAL EDUCATION RESEARCH, POLICES, 
AND BEST PRACTICES. 
(a) IN GENERAL.—The Assistant Director, in col-
laboration with relevant Federal agencies, including the 
Department of Education, State correctional agencies, 
State and local correctional institutions, civil rights orga-
nizations, criminal justice organizations, and research 
agencies and organizations, shall establish and maintain 
a clearinghouse for research, policies, and best practices 
on quality correctional education programs. 
(b) INFORMATION TO THE PUBLIC.—The Assistant 
Director shall maintain information and resources on the 
public-facing website of the Bureau of Prisons. 
SEC. 6. TRAINING AND TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—The Assistant Director shall use 
funds available to the Bureau of Prisons to provide State 
correctional institutions with training and technical assist-
ance on developing and implementing policies and proce-
dures for quality correctional education programs. 
(b) PARTNERSHIP.—Federal correctional and penal 
institutions with correctional education programs estab-
lished under section 4143 of title 18, United States Code, 
as added by this Act, may partner with State and local 
correctional institutions and education providers located in 
the same State or region to facilitate training and tech-
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nical assistance to improve the quality of correctional edu-
cation offered in State prisons. 
SEC. 7. CORRECTIONAL EDUCATION FOR INCARCERATED 
VETERANS. 
(a) IN GENERAL.—The Secretary of Veterans Af-
fairs, in coordination with the Director and State correc-
tional agencies, shall— 
(1) carry out a program of outreach to inform 
veterans incarcerated in a Federal or State correc-
tional facility about potential eligibility for edu-
cational assistance under laws administered by the 
Secretary, including educational assistance under 
chapters 30 and 33 of title 38, United States Code; 
(2) ensure that educational assistance under 
laws administered by the Secretary is available to a 
veteran who is incarcerated as described in para-
graph (1) and otherwise eligible for the assistance; 
(3) assist each veteran who is incarcerated as 
described in paragraph (1) and eligible for edu-
cational assistance under a law administered by the 
Secretary by connecting the veteran to one or more 
quality correctional education programs, including 
the Federal Correctional Education Program estab-
lished under section 4143 of title 18, United States 
Code, as added by this Act, when the veteran is in-
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