[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3445 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3445
To amend title VI of the Civil Rights Act of 1964 to restore the right
to individual civil actions in cases involving disparate impact, and
for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Scott of Virginia (for himself, Mr. Nadler, Ms. Lee of California,
Mr. Carter of Louisiana, Mr. Grijalva, Ms. Norton, Ms. Bonamici, Ms.
Jackson Lee, Ms. Wilson of Florida, Mr. Sablan, Ms. Crockett, Mr. Davis
of Illinois, Ms. Schakowsky, Mr. Carson, Ms. Tlaib, Mr. Mfume, Ms.
Omar, Mrs. McClellan, Mr. Blumenauer, Mr. Green of Texas, Mr. Garcia of
Illinois, Mr. Courtney, and Mr. Ivey) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
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A BILL
To amend title VI of the Civil Rights Act of 1964 to restore the right
to individual civil actions in cases involving disparate impact, 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 ``Equity and Inclusion Enforcement Act
of 2023''.
SEC. 2. RESTORATION OF RIGHT TO CIVIL ACTION IN DISPARATE IMPACT CASES
UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by adding at the end the following:
``Sec. 607. The violation of any regulation relating to disparate
impact issued under section 602 shall give rise to a private civil
cause of action for its enforcement to the same extent as does an
intentional violation of the prohibition of section 601.''.
SEC. 3. DESIGNATION OF MONITORS UNDER TITLE VI OF THE CIVIL RIGHTS ACT
OF 1964.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is further amended by adding at the end the following:
``Sec. 608. (a) Each recipient shall--
``(1) designate at least one employee to coordinate its
efforts to comply with requirements adopted pursuant to section
602 and carry out the responsibilities of the recipient under
this title, including any investigation of any complaint
alleging the noncompliance of the recipient with such
requirements or alleging any actions prohibited under this
title; and
``(2) notify its students and employees of the name, office
address, and telephone number of each employee designated under
paragraph (1).
``(b) In this section, the term `recipient' means a recipient
referred to in section 602 that operates an education program or
activity receiving Federal financial assistance authorized or extended
by the Secretary of Education.''.
SEC. 4. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION.
Section 202(b) of the Department of Education Organization Act (20
U.S.C. 3412(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3), the following:
``(4) There shall be in the Department, a Special Assistant for
Equity and Inclusion who shall be appointed by the Secretary. The
Special Assistant shall promote, coordinate, and evaluate efforts to
engender program compliance with title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) and inform individuals of their rights
under such Act, including the dissemination of information, technical
assistance, and coordination of research activities, in a manner
consistent with such Act. The Special Assistant shall advise both the
Secretary and Deputy Secretary on matters relating to compliance with
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).''.
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