[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7709 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7709
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2022
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Lynch, Mr.
Khanna, Ms. Adams, Ms. Velazquez, Mr. Swalwell, Ms. Norton, Ms.
Barragan, Ms. Clarke of New York, Ms. Tlaib, Mr. McGovern, Mr. Moulton,
Mrs. Demings, Ms. Scanlon, Ms. Speier, Mr. Doggett, Mr. O'Halleran, Mr.
Johnson of Georgia, Mr. Bowman, Mr. Suozzi, Mr. Welch, Ms. Titus, Ms.
Brown of Ohio, Ms. Newman, Mr. Espaillat, Ms. Bonamici, Mr. Cardenas,
Mr. Payne, Ms. Slotkin, Mr. Gomez, Mr. Vargas, Mr. Soto, Ms. Ross, Ms.
Omar, Mr. Sires, Ms. Eshoo, Ms. Sherrill, Ms. Jacobs of California, Mr.
Lieu, Mrs. Watson Coleman, Ms. McCollum, Mr. Higgins of New York, Ms.
Escobar, Mr. Lowenthal, Mr. Auchincloss, and Ms. Pressley) introduced
the following bill; which was referred to the Committee on Education
and Labor
_______________________________________________________________________
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.
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.
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