[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 193

 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

                            January 31, 2023

 Mr. Rubio (for himself and Mr. Braun) 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).''.
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