Displaced Afghan Women and Girls Education Act of 2022
Bill: H.R.7709 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Education

Summary:
Displaced Afghan Women and Girls Education Act of 2022
This bill provides certain educational resources to certain displaced Afghan women and girls domiciled in the United States.
For example, the bill (1) requires such displaced Afghan women and girls to receive in-state tuition rates at public institutions of higher education, and (2) provides funding for and establishes the Displaced Afghan Women and Girls Scholarship Grant.

To authorize programs to provide college scholarships and educational 
support to women and girls who have escaped Afghanistan and come to the 
                 United States, 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 ``Displaced Afghan Women and Girls 
Education Act of 2022''.

SEC. 2. FINDINGS; SENSE OF CONGRESS; DEFINITION.

    (a) Findings.--Congress makes the following findings:
            (1) After 20 years, August 2021 marked the end of the 
        United States military involvement in Afghanistan--the longest 
        war in American history.
            (2) As of January 27, 2022, the United States has evacuated 
        more than 76,000 Afghans through Operation Allies Welcome.
            (3) Between May and August of 2021, 80 percent of nearly 
        250,0000 Afghans forced to flee since the end of May were women 
        and children.
            (4) According to a group of United Nations human rights 
        experts, the Taliban is currently institutionalizing large-
        scaled systematic gender-based discrimination against Afghan 
        women and girls. This includes denying women and girls the 
        access to secondary and tertiary education based on their 
        gender.
            (5) On January 17, 2022, a group of 36 United Nations human 
        rights experts expressed concerns regarding ``restrictive 
        measures that have been introduced since the Taliban's takeover 
        of Afghanistan, particularly those concerning women and 
        girls''.
            (6) The United States and the international community have 
        expressed concern about Afghan women and girls, their rights to 
        education, work, and freedom of movement, and called on those 
        in positions of power and authority across Afghanistan to 
        guarantee their protection.
            (7) The United States and the international community have 
        affirmed that ``Afghan women and girls, as all Afghan people, 
        deserve to live in safety, security and dignity''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) every individual should have the opportunity to pursue 
        a full cycle of primary, secondary, and higher education; and
            (2) every individual, regardless of gender, socioeconomic 
        status, ethnicity, or religion should have the opportunity to 
        pursue an education without fear of discrimination.
    (c) Definition of Displaced Afghan Women and Girls.--The term 
``displaced Afghan women and girls'' means women and girls who escaped 
or fled Afghanistan and entered the United States on or after July 1, 
2021, and before the date that is two years after the date of the 
enactment of this Act, and who are domiciled in the United States.

SEC. 3. SPECIAL OFFICIAL FOR DISPLACED AFGHAN WOMEN AND GIRLS.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Education, in consultation with the Secretary of 
State, shall designate a qualified individual to serve as the Special 
Official for Displaced Afghan Women and Girls. Such Special Official 
shall--
            (1) have not less than 10 years of experience in the fields 
        of education and immigration, including expertise related to 
        Afghanistan;
            (2) coordinate and oversee, under the direction of the 
        Secretary and in consultation with the Office of Federal 
        Student Aid, the Office of Elementary and Secondary Education, 
        and the Office of Postsecondary Education of the Department of 
        Education (as appropriate), the programs authorized under this 
        Act and the amendments made by this Act; and
            (3) report to the Secretary of Education and Congress on 
        the effectiveness and outcomes of such programs.

SEC. 4. IN-STATE TUITION RATES FOR DISPLACED AFGHAN WOMEN AND GIRLS.

    (a) In General.--The Higher Education Act of 1965 is amended by 
inserting after section 135 (20 U.S.C. 1015d) the following:

``SEC. 135A. IN-STATE TUITION RATES FOR DISPLACED AFGHAN WOMEN AND 
              GIRLS.

    ``(a) Requirement.--In the case of a displaced Afghan woman or girl 
whose domicile is in a State that receives assistance under this Act, 
such State shall not charge such woman or girl tuition for attendance 
at a public institution of higher education in the State at a rate that 
is greater than the rate charged for residents of the State.
    ``(b) Definition of Displaced Afghan Woman or Girl.--The term 
`displaced Afghan woman or girl' means a woman or girl who escaped or 
fled Afghanistan and entered the United States on or after July 1, 
2021, and before the date that is two years after the date of the 
enactment of this Act, and who is domiciled in the United States.
    ``(c) Limitations.--The requirement under subsection (a) shall 
apply with respect to a displaced Afghan woman or girl only until the 
woman or girl has established residency in the State, and only with 
respect to the first State in which the woman or girl was first 
domiciled after arriving in the United States.
    ``(d) Effective Date.--This section shall take effect at each 
public institution of higher education in a State that receives 
assistance under this Act beginning with the first period of enrollment 
at such institution that begins on or after July 1, 2022.''.
    (b) Conforming Amendment.--The table of contents for the Higher 
Education Act of 1965 is amended by inserting after the item relating 
to section 135 the following:

``Sec. 135A. In-State tuition rates for displaced Afghan women and 
                            girls.''.

SEC. 5. HIGHER EDUCATION GRANTS FOR DISPLACED AFGHAN WOMEN AND GIRLS.

    (a) Scholarships for Displaced Afghan Women and Girls.--Part A of 
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 
is amended by adding that the end of subpart 7 the following new 
subpart:

     ``Subpart 8--Scholarships for Displaced Afghan Women and Girls

``SEC. 420. SCHOLARSHIPS FOR DISPLACED AFGHAN WOMEN AND GIRLS.

    ``(a) Definition of Eligible Displaced Afghan Woman or Girl.--The 
term `eligible displaced Afghan woman or girl' means a dependent or an 
independent student who--
            ``(1) is a displaced Afghan woman or girl, as defined in 
        section 135A;
            ``(2) is enrolled in an institution of higher education (as 
        defined in section 102(a)(1), except that such term shall not 
        include an institution described in section 102(a)(1)(C)); and
            ``(3) has not completed a first undergraduate baccalaureate 
        course of study.
    ``(b) Grants.--
            ``(1) In general.--The Secretary shall award a grant to 
        each eligible displaced Afghan woman or girl in the amount 
        necessary to pay the full cost of attendance at an institution 
        of higher education at which such woman or girl is enrolled, 
        except that such amount shall be adjusted to reflect the 
        attendance by the eligible displaced Afghan woman or girl on a 
        less than full-time basis, as determined by the Secretary in 
        accordance with regulations under paragraph (3)(C).
            ``(2) Designation.--Grants made under this section shall be 
        known as `Displaced Afghan Women and Girls Scholarship Grants'.
            ``(3) Period of eligibility.--
                    ``(A) In general.--The period during which a 
                student may receive a grant under this section shall be 
                the period required for the completion of the first 
                undergraduate baccalaureate course of study being 
                pursued by that student at the institution at which the 
                student is in attendance, except that any period during 
                which the student is enrolled in a noncredit or 
                remedial course of study, as described in subparagraph 
                (B), shall not be counted for the purpose of this 
                paragraph.
                    ``(B) Noncredit or remedial courses.--Nothing in 
                this section shall exclude from eligibility courses of 
                study which are noncredit or remedial in nature 
                (including courses in English language instruction) 
                which are determined by the institution to be necessary 
                to help the student be prepared for the pursuit of a 
                first undergraduate baccalaureate degree or, in the 
                case of courses in English language instruction, to be 
                necessary to enable the student to use already existing 
                knowledge, training, or skills.
                    ``(C) Maximum period.--The period during which a 
                student may receive a grant under this section shall 
                not exceed 12 semesters, or the equivalent of 12 
                semesters, as determined by the Secretary by 
                regulation. Such regulations shall provide, with 
                respect to a student who received a grant under this 
                section for a term but was enrolled at a fraction of 
                full time, that only that same fraction of such 
                semester or equivalent shall count towards such maximum 
                limit.
    ``(c) FAFSA Not Required.--Not withstanding section 483 or any 
other provision of this Act, an eligible displaced Afghan woman or girl 
shall not be required to file a Free Application for Federal Student 
Aid, or provide any other evidence related to financial need, to be 
awarded a grant under this section.
    ``(d) Authorization and Appropriations of Funds.--There are 
authorized to be appropriated, and there are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the Secretary to 
carry out this section, such sums as may be necessary for fiscal year 
2023 and each succeeding fiscal year through fiscal year 2045.''.
    (b) Annual Report on Education Programs To Support Displaced Afghan 
Women and Girls.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter for the 3 
        succeeding fiscal years, the Special Official for Displaced 
        Afghan Women and Girls shall provide a report to Congress on 
        the implementation of the scholarship program for eligible 
        displaced Afghan women and girls under this section.
            (2) Contents.--The report described in paragraph (1) shall 
        include, for the most recently concluded fiscal year--
                    (A) the total number of scholarships awarded 
                through the program, including--
                            (i) the number and percentage of 
                        individuals who are awarded scholarships under 
                        this section compared to the number of 
                        individuals who applied for such a scholarship; 
                        and
                            (ii) the total number of individuals 
                        awarded scholarships under this section 
                        compared to the total number of eligible 
                        displaced Afghan women and girls in the United 
                        States;
                    (B) the disciplines of study chosen by the 
                scholarship recipients;
                    (C) the percentage of the scholarships that were 
                awarded to individuals enrolled in a program of study 
                leading to an associate's degree, a bachelor's degree, 
                or a trade program credential; and
                    (D) the percentage of scholarship recipients who 
                voluntarily withdrew from an institution of higher 
                education, or were involuntarily terminated from such 
                an institution for failure to meet program 
                requirements.

SEC. 6. STATE EDUCATIONAL SUPPORT GRANTS FOR DISPLACED AFGHAN WOMEN AND 
              GIRLS.

    (a) Program.--
            (1) In general.--The Secretary of Education shall carry out 
        a program, jointly through the Office of Elementary and 
        Secondary Education and the Office of Postsecondary Education, 
        as the Secretary determines to be appropriate, to award grants 
        to eligible entities to provide education and educational 
        support to displaced Afghan women and girls in accordance with 
        this section.
            (2) Eligible entities.--In this section, the term 
        ``eligible entity'' means--
                    (A) a State;
                    (B) a local educational agency (as such term 
                defined in section 8101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)), including a 
                charter school that is a local educational agency, or a 
                consortium of local educational agencies;
                    (C) a private elementary or secondary school;
                    (D) an institution of higher education (as such 
                term is defined in section 102 of the Higher Education 
                Act of 1965 (20 U.S.C. 1002));
                    (E) a community-based organization with 
                demonstrated expertise in carrying out activities that 
                are similar to activities funded under this section; or
                    (F) a consortium of two or more of the entities 
                described in subparagraphs (A) through (E).
    (b) Grant Terms.--
            (1) Application.--An eligible entity desiring a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary of Education may require. Such application shall 
        include--
                    (A) the activities to be carried out by the 
                eligible entity with the grant;
                    (B) in the case of an eligible entity that is a 
                State, the number of displaced Afghan women and girls 
                in the State, and the percentage of such women and 
                girls out of the total population of the State; and
                    (C) in the case of an eligible entity that is not a 
                State, the number of displaced Afghan women and girls 
                to be served by the eligible entity.
            (2) Selection.--The Secretary of Education shall select 
        eligible entities to be awarded grants under this section based 
        on the demonstrated need of the eligible entity to assist 
        displaced Afghan women and girls, and the ability of the 
        eligible entity to meet such need. The Secretary shall develop 
        a procedure to measure such need, which shall include--
                    (A) in the case of an eligible entity that is a 
                State, the number of displaced Afghan women and girls 
                in the State, compared to the total number of displaced 
                Afghan women and girls in the United States, and the 
                percentage of the total population of the State that is 
                displaced Afghan women and girls, compared to the 
                percentage of the populations of other States that are 
                displaced Afghan women and girls; and
                    (B) in the case of an eligible entity that is not a 
                State, the number of displaced Afghan women and girls 
                to be served by the entity, compared to the number of 
                displaced Afghan women and girls served by entities 
                that are similar to the eligible entity.
            (3) Amount.--The Secretary of Education shall determine the 
        amount of a grant to be awarded to an eligible entity under 
        this section based on the demonstrated need of the entity to 
        assist displaced Afghan women and girls, as determined in 
        accordance with paragraph (2), the proposed activities of the 
        entity to provide such assistance, and the demonstrated ability 
        of the entity to provide such assistance.
            (4) Period.--A grant awarded under this section shall be 
        for a period of one year, and may be renewed by the Secretary 
        of Education for additional one-year periods.
    (c) Activities.--A grant provided under this section to an eligible 
entity shall be used by the entity to carry out one or more of the 
following activities:
            (1) Provide school counselors and school-based mental 
        health service providers to support displaced Afghan women and 
        girls in one or more of the following:
                    (A) Elementary schools.
                    (B) Secondary schools.
                    (C) Institutions of higher education.
            (2) Provide elementary and secondary education and related 
        educational services to displaced Afghan women and girls who 
        are beyond the age of compulsory school attendance in a State 
        to permit such women and girls to obtain a secondary education 
        credential in such State.
            (3) Assist displaced Afghan women and girls with 
        registration in elementary and secondary schools, institutions 
        of higher education, and other educational programs or 
        services, including, in the case of an eligible entity that is 
        a State or a local educational agency (as appropriate), 
        providing waivers to State and local requirements related to 
        documentation, such as documentation to prove individual 
        educational history, parentage, citizenry, test scores, and 
        health and immunization records.
            (4) Provide displaced Afghan women and girls with access to 
        campus-based childcare services, including through the Child 
        Care Access Means Parents in School Program under section 419N 
        of the Higher Education Act of 1965 (20 U.S.C. 1070d-41).
    (d) Waiver Authority.--To permit eligible entities receiving a 
grant under this section to carry out the activities described in 
subsection (c)(4), the Secretary of Education may waive requirements 
for institutions of higher education related to low-income students 
under the Child Care Access Means Parents in School Program under 
section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070d-41), 
to permit participation in such program by displaced Afghan women and 
girls.
    (e) Annual Report by Eligible Entities.--Not later than 1 year 
after the date an eligible entity is awarded a grant under this 
section, and annually thereafter for the duration of the grant, the 
eligible entity shall provide an annual report to the Secretary of 
Education on the activities carried out with such grant during the 
preceding fiscal year.
    (f) Sunset.--The authority to award grants under this program shall 
expire at the end of fiscal year 2045.
                                 <all>