[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5260

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2016

  Mr. Scott of Virginia (for himself and Mr. Conyers) 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

_______________________________________________________________________

                                 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''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1964, Congress adopted title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.) to ensure that Federal 
        dollars would not subsidize or support programs or activities 
        that discriminate on the basis of race, color, or national 
        origin.
            (2) The Supreme Court decision in Alexander v. Sandoval, 
        532 U.S. 275 (2001) overturned four decades of statutory 
        protections against discrimination by stripping victims of 
        discrimination of the right to bring actions under title VI of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to 
        challenge disparate impact.
            (3) For effective enforcement of title VI of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000d et seq.), it is necessary 
        that the private right of action includes the means to 
        challenge all forms of discrimination that are prohibited by 
        such Act, including practices that have a disparate impact and 
        are not justified as necessary to achieve the legitimate goals 
        of programs or activities supported by Federal financial 
        assistance.
            (4) Failure to reinstate or confirm a private right of 
        action to challenge disparate impact under title VI of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) leaves only 
        the Federal government with the burden to pursue equal 
        opportunity under the law.

SEC. 3. 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. 4. 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. 5. 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 equity and inclusion programs, including the 
        dissemination of information, technical assistance, and 
        coordination of research activities. The Special Assistant 
        shall advise the Secretary and Deputy Secretary on all matters 
        relating to equity and inclusion in a manner consistent with 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.).''.
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