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H.R. 9203IntroducedHouse · nowSenatePresidentLawWaiting for a House vote
Sec. 3 · H.R. 9203

Office for Civil Rights requirements

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Introduced · Sec. 3

(a) Congressional briefings (1) In general Beginning not later than 30 days after the date of enactment of this Act and ending 2 years after such date of enactment, the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall provide a briefing, on a bimonthly basis, to the authorizing committees about complaints alleging discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that have been received by the Office for Civil Rights of the Department of Education in the preceding month— (A) in a manner that— (i) protects personally identifiable information; and (ii) disaggregates information by the basis of such alleged discrimination (including shared ancestry); and (B) that includes— (i) the number of such complaints; (ii) a description of— (I) how the Office has addressed or plans to address such complaints; and (II) the investigations being carried out in response to such complaints, as applicable; and (iii) data about the length of such investigations. (2) Report Not later than 48 hours prior to each briefing required under paragraph (1), the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall submit to the authorizing committees a written report that contains the information that will be presented at such briefing and that complies with the requirements of paragraph (1)(A). (3) Definitions For purposes of this subsection: (A) Authorizing committees The term authorizing committees means the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (B) Office The term Office means the Office for Civil Rights of the Department of Education. (b) OCR process reforms (1) Dismissals The Office may not close or dismiss any complaint regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) due to the filing of a complaint involving the same allegations against the same recipient— (A) by an individual other than the complainant with another Federal, State, or local agency, a court, or the recipient, unless the Office determines that— (i) a court has certified a class action with respect to the alleged violation of such other individual’s complaint; (ii) such other individual is a member of such class; and (iii) the complainant is a member of such class; or (B) by the complainant with another Federal, State, or local agency, a court, or the recipient. (2) Investigations The Office may not delay an investigation of a complaint due to the filing of a complaint involving the same allegations against the same recipient with another Federal, State, or local agency or the recipient. (3) Recipient defined For purposes of this subsection, the term recipient means an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that receives funds under an applicable program (as such term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)).

•HR 9203 IHSEC. 3
Committee version · Sec. 3

(a) Congressional briefings (1) In general Beginning not later than 30 days after the date of enactment of this Act and ending 2 years after such date of enactment, the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall provide a briefing, on a bimonthly basis, to the authorizing committees about complaints alleging discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that have been received by the Office for Civil Rights of the Department of Education in the preceding month— (A) in a manner that— (i) protects personally identifiable information; and (ii) disaggregates information by the basis of such alleged discrimination (including shared ancestry); and (B) that includes— (i) the number of such complaints; (ii) a description of— (I) how the Office has addressed or plans to address such complaints; and (II) the investigations being carried out in response to such complaints, as applicable; and (iii) data about the length of such investigations. (2) Report Not later than 48 hours prior to each briefing required under paragraph (1), the Assistant Secretary for Civil Rights of the Department of Education (or the designee of such Assistant Secretary) shall submit to the authorizing committees a written report that contains the information that will be presented at such briefing and that complies with the requirements of paragraph (1)(A). (3) Definitions For purposes of this subsection: (A) Authorizing committees The term authorizing committees means the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (B) Office The term Office means the Office for Civil Rights of the Department of Education. (b) OCR process reforms (1) Dismissals The Office may not close or dismiss any complaint regarding discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) due to the filing of a complaint involving the same allegations against the same recipient— (A) by an individual other than the complainant with another Federal, State, or local agency, a court, or the recipient, unless the Office determines that— (i) a court has certified a class action with respect to the alleged violation of such other individual’s complaint; (ii) such other individual is a member of such class; and (iii) the complainant is a member of such class; or (B) by the complainant with another Federal, State, or local agency, a court, or the recipient. (2) Investigations The Office may not delay an investigation of a complaint due to the filing of a complaint involving the same allegations against the same recipient with another Federal, State, or local agency or the recipient. (3) Recipient defined For purposes of this subsection, the term recipient means an institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that receives funds under an applicable program (as such term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)).

•HR 9203 RHSEC. 3

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