PREP Act
Bill: S.3060 | Sponsor: Sen. Schatz, Brian (D-HI)
Policy area: Crime and Law Enforcement

Summary:
Promoting Reentry through Education in Prisons Act of 2021 or the PREP Act
This bill establishes, within the Bureau of Prisons, an Office of Prison Education. The office must provide educational services to incarcerated individuals in federal prisons and correctional institutions.

To amend title 18, United States Code, to establish an Office of Prison 
                   Education, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 2021'' or the ``PREP Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Over the course of an 8-year-period following the 
        release of individuals from Federal prisons, the United States 
        Sentencing Commission found that 49.3 percent of such 
        individuals were rearrested, 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 prison education programming can 
        prepare individuals for the contemporary workforce pre-release, 
        ensuring that upon release the individuals are best situated to 
        be productive 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 individuals who 
        participated in either academic or vocational 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 education 
        programs reduces incarceration costs by 4 to 5 dollars.
            (7) Prison education helps to improve the safety of the 
        prison environment, not only for incarcerated 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 Prisons spends 20 percent as 
        much on inmate education as the nearest-sized State prison 
        systems and experiences 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 prison education programs provided by the 
        Bureau of Prisons;
            (2) ensure access to quality education programs across all 
        Federal penal and correctional institutions;
            (3) create partnerships with education providers to offer 
        quality programs; and
            (4) create a repository of research and best practices for 
        State and local correctional institutions on quality education 
        programs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Assistant director.--The term ``Assistant Director'' 
        means the Assistant Director for Prison 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 PRISON EDUCATION.

    (a) In General.--Part III of title 18, United States Code, is 
amended by inserting after chapter 307 the following:

                        ``CHAPTER 308--EDUCATION

``Sec.
``4141. Definitions.
``4142. Office of Prison Education.
``4143. Federal Prison Education Program.
``Sec. 4141. Definitions
    ``In this chapter:
            ``(1) Assistant director.--The term `Assistant Director' 
        means the Assistant Director for Prison Education appointed 
        under section 4142(b).
            ``(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 Americans 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 Education Act of 1965 (20 U.S.C. 
        7801).
``Sec. 4142. Office of Prison Education
    ``(a) Purposes.--The purposes of this chapter are to--
            ``(1) ensure that all Federal penal and correctional 
        institutions provide quality educational programs for 
        incarcerated individuals;
            ``(2) be a nationwide repository for research, policies, 
        and best practices on education in prison; and
            ``(3) offer training and technical assistance for State 
        prison systems in implementing and administering education 
        programs in prison.
    ``(b) Establishment of the Office of Prison Education.--The 
Director shall establish within the Bureau of Prisons an Office of 
Prison Education, which shall be headed by an Assistant Director for 
Prison Education appointed by the Director.
    ``(c) Functions of the Office of Prison Education.--The Office of 
Prison Education required to be established under this section shall 
ensure the provision of educational services for incarcerated 
individuals in all Federal penal and correctional institutions, 
including programs such as adult literacy, basic skills development, 
education toward a regular high school diploma or its recognized 
equivalent, postsecondary education, workforce development, that leads 
to an industry-recognized credential, a certificate, or an associate 
degree, pre-apprenticeships, registered apprenticeships, career and 
technical education, and expanded opportunities for individuals with a 
disability, including by--
            ``(1) implementing the Federal Prison Education Program 
        under section 4143;
            ``(2) coordinating and standardizing quality, evidence-
        based, and effective education programs in prison and services 
        across all Federal penal and correctional 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;
            ``(4) coordinating with the Secretary of Veterans 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 education 
        programs in prison, including on 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 education programs in prison; and
            ``(7) coordinating with the Bureau of Justice Statistics, 
        the National Institute of Justice, National Center for 
        Education Statistics, the National Institute 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 an education program in prison, including a 
                regular high school diploma or its recognized 
                equivalent, a career and technical education sequence, 
                or a postsecondary degree or certificate;
                    ``(B) the number of individuals who do not complete 
                an education program in prison and the reasons for non-
                completion;
                    ``(C) any State or Federal prohibitions or 
                limitations on employment for individuals with felony 
                convictions who complete an education program in 
                prison;
                    ``(D) the correlation between participating in or 
                completing an education program in prison and continued 
                educational enrollment, both in-custody and post-
                release;
                    ``(E) the correlation between participating in and 
                completing an education program in prison with post-
                release outcomes, including job placement, job 
                retention, and recidivism;
                    ``(F) the correlation between participating in and 
                completing an education program in prison with in-
                custody outcomes, including enrollment in other 
                education or training programs and reduction in 
                citations;
                    ``(G) the impact of the correlation described in 
                subparagraphs (C) through (F) on overall 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.
``Sec. 4143. Federal Prison Education Program
    ``(a) Definitions.--In this section:
            ``(1) Demonstrated effectiveness.--The term `demonstrated 
        effectiveness' means the past effectiveness of an eligible 
        provider demonstrated by providing--
                    ``(A) performance data on its record of improving 
                the skills of eligible students, particularly eligible 
                individuals who have low levels of literacy, in the 
                content domains of reading, writing, mathematics, 
                English language acquisition, 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.
            ``(2) Eligible provider.--The term `eligible provider' 
        means an organization that has demonstrated effectiveness in 
        providing programs such as adult literacy, basic skills 
        development, education toward a regular high school diploma or 
        its recognized equivalent, postsecondary education, workforce 
        readiness, apprenticeships, career and technical education, and 
        programing individuals with learning disabilities, 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 described 
                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 agencies, 
                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 subparagraphs (A) through 
                (G).
            ``(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 Prison 
        Education Program required to be established under subsection 
        (b)(1).
    ``(b) Authorization.--
            ``(1) In general.--The Assistant Director shall establish a 
        Federal Prison Education Program to develop and support 
        partnerships between eligible providers and Federal 
        correctional facilities 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 develop quality education 
        programs for eligible students, such as--
                    ``(A) adult literacy;
                    ``(B) basic skills development;
                    ``(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 participation in the Program, 
        the Assistant Director shall--
                    ``(A) consider the evidence that an eligible 
                provider demonstrates a strong record on student 
                outcomes and successful community reintegration that 
                shall include--
                            ``(i) high rates of program completion;
                            ``(ii) a demonstrated record of a reduction 
                        in recidivism rates, if available;
                            ``(iii) success in securing employment, if 
                        available;
                            ``(iv) employment retention, if available;
                            ``(v) housing stability, if available; and
                            ``(vi) other relevant factors; and
                    ``(B) give preference to eligible providers that 
                demonstrate success in the categories described 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 section shall--
                    ``(A) develop a quality program, in coordination 
                with the Federal correctional facility with which the 
                institution is in partnership, for eligible students, 
                in which the Federal correctional 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 without a 
                verifiable high school diploma or its recognized 
                equivalent receive adult literacy, basic adult 
                education, skills development, and education toward a 
                regular high school diploma or its recognized 
                equivalent; and
                    ``(C) prioritize workforce development programs 
                that prepare eligible students for in-demand sectors or 
                occupations from which they are not legally barred from 
                entering due to restrictions on formerly incarcerated 
                individuals obtaining any necessary licenses or 
                certifications for those occupations, and in doing so, 
                providers shall--
                            ``(i) consider State licensing 
                        requirements, 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 
                        prohibitions or limitations to licensing or 
                        employment 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--
                    ``(A) disclose to eligible students and the Office 
                of Prison Education information about any part of the 
                academic program developed under this section that, by 
                design, cannot be completed while a student is 
                incarcerated, as well as the options available for an 
                eligible student to complete any remaining program 
                requirements post-release;
                    ``(B) offer eligible students who are released 
                while in enrolled in an education program in prison 
                education the opportunity to continue the students' 
                enrollment in the academic program and transfer credits 
                earned if the student is released from the Federal 
                correctional facility prior to completion of the 
                education program;
                    ``(C) inform eligible students of the academic 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 program after release, transfer 
                credits earned in the program to another program 
                offered by the institution, or transfer credits earned 
                in the program to another institution of higher 
                education;
                    ``(D) for eligible students who wish to continue 
                their education upon release--
                            ``(i) offer academic advising; and
                            ``(ii) offer appropriate financial aid 
                        counseling, including Federal and State 
                        financial aid and student loan counseling; and
                    ``(E) offer eligible students career counseling and 
                job placement assistance upon completion of an 
                education program in prison and release from custody.
            ``(3) Information to the office of prison 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 career 
                guidance to eligible students, as well as transition 
                services, to support successful community reintegration 
                of such students; and
                    ``(B) relevant information about the eligible 
                students participating in the Program it relates to 
                subparagraph (A).
    ``(d) Technical Assistance.--The Assistant Director 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 
students, or expanding existing programs.
    ``(e) Annual Report.--
            ``(1) In general.--An eligible provider that participates 
        in the Program, working with the Federal correctional facility 
        with which it is in partnership, shall submit to the Assistant 
        Director an annual report on the provider's academic program 
        for eligible students, including implementation and results.
            ``(2) Contents of report.--Each annual report submitted 
        under paragraph (1) shall include information on--
                    ``(A) courses and programs offered;
                    ``(B) numbers, rates, and types of certificates and 
                degrees awarded;
                    ``(C) the partnership with the Federal correctional 
                facility, including information on space allocation, 
                resources, staffing, and other relevant information on 
                effective collaboration;
                    ``(D) the effectiveness of the various education 
                program's length, and the value of credentials or 
                degrees earned with different 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 environment;
                    ``(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 safety 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 custody level; 
                and
                    ``(M) other relevant data.
    ``(f) Evaluation.--
            ``(1) In general.--The Assistant Director, in coordination 
        with the National Institute of Justice, the Bureau of Justice 
        Statistics, the National Institute of Corrections, and the 
        Secretary of Education, shall conduct an evaluation of the 
        Program that assesses--
                    ``(A) in-custody outcomes, including impacts on 
                tickets, segregation, program participation outside of 
                education, and continued enrollment in the Program;
                    ``(B) post-release outcomes of the Program, 
                including--
                            ``(i) postsecondary enrollment in and 
                        continuance of education by eligible students 
                        after release;
                            ``(ii) degree attainment from an 
                        institution of higher education;
                            ``(iii) progress toward a degree in credits 
                        or time;
                            ``(iv) continued participation in 
                        educational programs after release;
                            ``(v) factors related to the pursuit of 
                        education, such as housing attainment; and
                            ``(vi) other relevant factors;
                    ``(C) the impact of the Program on safety in 
                correctional facilities;
                    ``(D) the demand for participation in the Program, 
                including the size of waiting lists;
                    ``(E) employment outcomes of participants in the 
                Program;
                    ``(F) the impact of the Program 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 described 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 Director shall--
                    ``(A) submit the evaluation, including 
                recommendations 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 may not exceed 75 percent of the 
total cost of the academic 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 subsection (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 inserting 
                ``(6) establish''; and
                    (B) in clause (ii), by striking ``and'' at the end;
            (2) by inserting after paragraph (6), as so redesignated, 
        the following:
            ``(7) establish the Office of Prison Education required 
        under section 4142; and''; and
            (3) in subparagraph (E), by striking ``(E) establish'' 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''.

SEC. 5. PRISON EDUCATION RESEARCH, POLICES, AND BEST PRACTICES.

    (a) In General.--The Assistant Director, in collaboration with 
relevant Federal agencies, including the Department of Education, State 
correctional agencies, State and local correctional institutions, civil 
rights organizations, criminal justice organizations, and research 
agencies and organizations, shall establish and maintain a 
clearinghouse for research, policies, and best practices on quality 
education programs in prison.
    (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 assistance on developing and implementing 
policies and procedures for quality education programs in prison.
    (b) Partnership.--Federal correctional and penal institutions with 
education programs in prison established 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 technical 
assistance to improve the quality of correctional education offered in 
State prisons.

SEC. 7. PRISON EDUCATION FOR INCARCERATED VETERANS.

    (a) In General.--The Secretary of Veterans Affairs, in coordination 
with the Director and State correctional agencies, shall--
            (1) carry out a program of outreach to inform veterans 
        incarcerated in a Federal or State correctional facility about 
        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;
            (2) ensure that educational assistance under laws 
        administered by the Secretary is available to a veteran who is 
        incarcerated as described in paragraph (1) and otherwise 
        eligible for the assistance;
            (3) assist each veteran who is incarcerated as described in 
        paragraph (1) and eligible for educational assistance under a 
        law administered by the Secretary by connecting the veteran to 
        one or more quality education programs in prison, including the 
        Federal Prison Education Program established under section 4143 
        of title 18, United States Code, as added by this Act, when the 
        veteran is incarcerated in a Federal or State correctional 
        facility that provides one or more education programs in prison 
        that are approved for the use of such assistance;
            (4) provide financial aid counseling related to continued 
        educational enrollment and matriculation post-release; and
            (5) compile and make available to incarcerated veterans a 
        resource guide for incarcerated veterans that includes general 
        information about the availability, post-release, of--
                    (A) educational assistance available under laws 
                administered by the Secretary; and
                    (B) job counseling, training, and placement 
                services available under chapters 41 and 42 of title 
                38, United States Code.
    (b) Limitation on Provision of Educational Assistance.--
            (1) Monthly housing stipend.--A veteran with a felony 
        conviction who is incarcerated in a Federal or State 
        correctional facility may not receive, while so incarcerated--
                    (A) any monthly housing stipend under section 3313 
                of title 38, United States Code; or
                    (B) any amount under section 3014 of such title 
                otherwise payable to help meet the veteran's 
                subsistence costs.
            (2) Costs covered by other programs.--Notwithstanding any 
        other provision of law, the Secretary shall reduce the amount 
        of educational assistance that the Secretary would otherwise 
        provide to a veteran described in paragraph (1) under a law 
        administered by the Secretary for costs of tuition, fees, 
        supplies, books, equipment, and other educational costs 
        relating to pursuing a program of education while incarcerated 
        by an amount equal to the amount that such costs are paid by 
        another Federal, State, or local program.
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