II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Students 

5 From Racial Hostility Act’’. 

6 SEC. 2. DISCRIMINATION. 

7 Section 601 of the Civil Rights Act of 1964 (42 

8 U.S.C. 2000d) is amended— 

9 (1) by striking ‘‘No’’ and inserting the fol10 lowing: 


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1 ‘‘(a) No’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(b) For purposes of subsection (a), use of a cur4 riculum, or teaching or counseling, that promotes a divi5 sive concept under a program or activity described in sub6 section (a) relating to elementary, secondary, or postsec7 ondary education and that results in a racially hostile envi8 ronment in an educational setting shall be considered to 

9 be discrimination under that program or activity. 

10 ‘‘(c) Any intimidation, threat, coercion, or discrimina11 tion against any individual for the purpose of interfering 

12 with any right or privilege secured by this section, or be13 cause the individual has made a complaint, testified, as14 sisted, or participated in any manner in an investigation, 

15 proceeding or hearing under this section, shall be consid16 ered to be discrimination under the program or activity 

17 involved. 

18 ‘‘(d) In this section: 

19 ‘‘(1) The term ‘promotion’, used with respect to 

20 a divisive concept, means race stereotyping or race 

21 scapegoating, or promotion of one or more of the fol22 lowing concepts: 

23 ‘‘(A) One race is inherently superior to an24 other race. 


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1 ‘‘(B) The United States is fundamentally 

2 racist. 

3 ‘‘(C) An individual, by virtue of the indi4 vidual’s race, is inherently racist or oppressive, 

5 whether consciously or unconsciously. 

6 ‘‘(D) An individual should be discriminated 

7 against or receive adverse treatment solely or 

8 partly because of the individual’s race. 

9 ‘‘(E) Members of one race cannot and 

10 should not attempt to treat others without re11 spect to race. 

12 ‘‘(F) An individual’s moral character is 

13 necessarily determined by the individual’s race. 

14 ‘‘(G) An individual, by virtue of the indi15 vidual’s race, bears responsibility for actions 

16 committed in the past by other members of the 

17 same race. 

18 ‘‘(H) Any individual should feel discomfort, 

19 guilt, anguish, or any other form of psycho20 logical distress on account of the individual’s 

21 race. 

22 ‘‘(I) Meritocracy or traits such as a hard 

23 work ethic are racist, or were created by a par24 ticular race to oppress another race. 


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1 ‘‘(2) The term ‘race scapegoating’ means as2 signing fault, blame, or bias to a race, or to mem3 bers of a race because of their race. 

4 ‘‘(3) The term ‘race stereotyping’ means ascrib5 ing character traits, values, moral and ethical codes, 

6 privileges, status, or beliefs to a race, or to an indi7 vidual because of the individual’s race. 

8 ‘‘(4) The term ‘racially hostile environment’ 

9 means— 

10 ‘‘(A) a situation of racial discrimination 

11 that has occurred and created an adverse set12 ting; 

13 ‘‘(B) a racially intimidating or racially of14 fensive environment that causes a person to be 

15 fearful; or 

16 ‘‘(C) a setting that denies, limits, or inter17 feres with, on the basis of race, a person’s abil18 ity to participate in or benefit from a program 

19 or activity.’’. 

20 SEC. 3. REPORTS. 

21 Section 602 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000d–1) is amended— 

23 (1) by striking ‘‘Each’’ and inserting the fol24 lowing: 

25 ‘‘(a) Each’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(b)(1) Any State educational agency that is the sub3 ject of a complaint under this title, or that receives infor4 mation about a complaint from an entity under paragraph 

5 (2)(A), shall report the complaint involved to the Attorney 

6 General of the State. Any State higher education agency 

7 that is the subject of a complaint under this title, or that 

8 receives information about a complaint from an entity 

9 under paragraph (2)(B), shall report the complaint in10 volved to the Attorney General of the State. 

11 ‘‘(2) Any division of a State, a local government in 

12 the State, or an entity in the State covered by any of para13 graphs (1) through (4) of section 606, that is the subject 

14 of a complaint under this title shall— 

15 ‘‘(A) if engaged in the business of providing ele16 mentary or secondary education, inform the State 

17 educational agency of the complaint; and 

18 ‘‘(B) if engaged in the business of providing 

19 postsecondary education, inform the State higher 

20 education agency of the complaint. 

21 ‘‘(3) In this subsection, the term ‘State educational 

22 agency’ has the meaning given the term in section 8101 

23 of the Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 7801). 


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1 ‘‘(c) The Secretary of Education shall annually pre2 pare and submit a report to Congress on the nature of 

3 any complaints received under section 601 and described 

4 in section 601(b).’’. 

Æ 


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