[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Page S4307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4722. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) 
to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 68, between lines 20 and 21, insert the following:
       Sec. 218. (a) Notwithstanding any other provision of law, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used--
       (1) to require or coerce an educational institution to 
     enforce, or suggest an educational institution enforce, a 
     more strict actionable harassment standard than that provided 
     under subsection (b); and
       (2) by the Department of Justice to take action against an 
     educational institution or State for not implementing 
     guidance, instruction, or a rule promulgated by the 
     Department of Education regarding a more strict actionable 
     harassment standard than that provided under subsection (b).
       (b) Speech shall constitute actionable harassment only if 
     the speech--
       (1) is directed at an individual; and
       (2)(A) is part of a pattern of targeted, unwelcome conduct 
     that is discriminatory on the basis of race, color, national 
     origin, disability, religion, age, sex, or gender;
       (B) is severe, pervasive, and objectively offensive; and
       (C) so undermines and detracts from the victim's 
     educational experience that the victim is effectively denied 
     equal access to the institution's resources and 
     opportunities.
                                 ______