Section 1 Short title
This Act may be cited as the “Displaced Afghan Women and Girls Education Act of 2022”.
Displaced Afghan Women and Girls Education Act of 2022
A BILL
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.
Sec. 2 Findings; sense of Congress; definition
Findings— Congress makes the following findings:
After 20 years, August 2021 marked the end of the United States military involvement in Afghanistan—the longest war in American history.
As of January 27, 2022, the United States has evacuated more than 76,000 Afghans through Operation Allies Welcome.
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.
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.
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”.
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.
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”.
Sense of Congress— It is the sense of Congress that—
every individual should have the opportunity to pursue a full cycle of primary, secondary, and higher education; and
every individual, regardless of gender, socioeconomic status, ethnicity, or religion should have the opportunity to pursue an education without fear of discrimination.
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—
have not less than 10 years of experience in the fields of education and immigration, including expertise related to Afghanistan;
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
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
In general— The Higher Education Act of 1965 is amended by inserting after section 135 (20 U.S.C. 1015d) the following:
“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.”
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. 5 Higher education grants for displaced Afghan women and girls
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:
“8 Scholarships for displaced Afghan women and girls
“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.”
Annual report on education programs To support displaced Afghan women and girls—
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.
Contents— The report described in paragraph (1) shall include, for the most recently concluded fiscal year—
the total number of scholarships awarded through the program, including—
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
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;
the disciplines of study chosen by the scholarship recipients;
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
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
Program—
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.
Eligible entities— In this section, the term eligible entity means—
a State;
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;
a private elementary or secondary school;
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));
a community-based organization with demonstrated expertise in carrying out activities that are similar to activities funded under this section; or
a consortium of two or more of the entities described in subparagraphs (A) through (E).
Grant terms—
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—
the activities to be carried out by the eligible entity with the grant;
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
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.
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—
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
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.
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.
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.
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:
Provide school counselors and school-based mental health service providers to support displaced Afghan women and girls in one or more of the following:
Elementary schools.
Secondary schools.
Institutions of higher education.
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.
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.
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).
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.
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.
Sunset— The authority to award grants under this program shall expire at the end of fiscal year 2045.