I 118th CONGRESS 1st Session H. R. 3445 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. García 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 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.

1. Short title This Act may be cited as the Equity and Inclusion Enforcement Act of 2023 . 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: 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. . 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: 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. . 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. ). .