S.Amdt. 4722

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.
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