[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2574 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2574
To amend title VI of the Civil Rights Act of 1964 to protect students
from racial hostility, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2021
Mr. Rubio (for himself, Mr. Braun, and Ms. Ernst) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title VI of the Civil Rights Act of 1964 to protect students
from racial hostility, 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 ``Protecting Students From Racial
Hostility Act''.
SEC. 2. DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting the following:
``(a) No''; and
(2) by adding at the end the following:
``(b) For purposes of subsection (a), use of a curriculum, or
teaching or counseling, that promotes a divisive concept under a
program or activity described in subsection (a) relating to elementary,
secondary, or postsecondary education and that results in a racially
hostile environment in an educational setting shall be considered to be
discrimination under that program or activity.
``(c) Any intimidation, threat, coercion, or discrimination against
any individual for the purpose of interfering with any right or
privilege secured by this section, or because the individual has made a
complaint, testified, assisted, or participated in any manner in an
investigation, proceeding or hearing under this section, shall be
considered to be discrimination under the program or activity involved.
``(d) In this section:
``(1) The term `promotion', used with respect to a divisive
concept, means race stereotyping or race scapegoating, or
promotion of one or more of the following concepts:
``(A) One race is inherently superior to another
race.
``(B) The United States is fundamentally racist.
``(C) An individual, by virtue of the individual's
race, is inherently racist or oppressive, whether
consciously or unconsciously.
``(D) An individual should be discriminated against
or receive adverse treatment solely or partly because
of the individual's race.
``(E) Members of one race cannot and should not
attempt to treat others without respect to race.
``(F) An individual's moral character is
necessarily determined by the individual's race.
``(G) An individual, by virtue of the individual's
race, bears responsibility for actions committed in the
past by other members of the same race.
``(H) Any individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on
account of the individual's race.
``(I) Meritocracy or traits such as a hard work
ethic are racist, or were created by a particular race
to oppress another race.
``(2) The term `race scapegoating' means assigning fault,
blame, or bias to a race, or to members of a race because of
their race.
``(3) The term `race stereotyping' means ascribing
character traits, values, moral and ethical codes, privileges,
status, or beliefs to a race, or to an individual because of
the individual's race.
``(4) The term `racially hostile environment' means--
``(A) a situation of racial discrimination that has
occurred and created an adverse setting;
``(B) a racially intimidating or racially offensive
environment that causes a person to be fearful; or
``(C) a setting that denies, limits, or interferes
with, on the basis of race, a person's ability to
participate in or benefit from a program or
activity.''.
SEC. 3. REPORTS.
Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is
amended--
(1) by striking ``Each'' and inserting the following:
``(a) Each''; and
(2) by adding at the end the following:
``(b)(1) Any State educational agency that is the subject of a
complaint under this title, or that receives information about a
complaint from an entity under paragraph (2)(A), shall report the
complaint involved to the Attorney General of the State. Any State
higher education agency that is the subject of a complaint under this
title, or that receives information about a complaint from an entity
under paragraph (2)(B), shall report the complaint involved to the
Attorney General of the State.
``(2) Any division of a State, a local government in the State, or
an entity in the State covered by any of paragraphs (1) through (4) of
section 606, that is the subject of a complaint under this title
shall--
``(A) if engaged in the business of providing elementary or
secondary education, inform the State educational agency of the
complaint; and
``(B) if engaged in the business of providing postsecondary
education, inform the State higher education agency of the
complaint.
``(3) In this subsection, the term `State educational agency' has
the meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(c) The Secretary of Education shall annually prepare and submit
a report to Congress on the nature of any complaints received under
section 601 and described in section 601(b).''.
<all>