Sec. 6. Other nondiscrimination requirements

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Section 7 of title 1, United States Code, is amended to read as follows: For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State. In this section, the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. .

Section 1738C of title 28, United States Code, is repealed, and the table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by striking the item relating to that section. Section 301(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000b(a) ) is amended by inserting sex, sexual orientation, gender identity, before or national origin . Chapter 121 of title 28, United States Code, is amended— in section 1862, by inserting sexual orientation, gender identity, after sex, each place that term appears; in section 1867, by inserting sexual orientation, gender identity, after sex, each place that term appears; and in section 1869 by adding at the end the following:

The term sexual orientation means homosexuality, heterosexuality, or bisexuality. The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth. A person’s gender identity can be shown by providing evidence, including medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose. .

The Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq.) is amended— in section 701(a)(1) by striking or after sex and inserting , sexual orientation, gender identity, after sex ; in section 702— by redesignating subsections

(f)and

(g)as subsections

(g)and (i), respectively; by inserting after subsection

(e)the following: The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth. A person’s gender identity can be shown by providing evidence, including medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose. ; and by inserting after subsection (g), as so redesignated, the following: The term sexual orientation means homosexuality, heterosexuality, or bisexuality. ; and in section 705, by inserting , sexual orientation, gender identity, after sex . Section 412(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a)(5) ) is amended by inserting sexual orientation, gender identity, after sex, . Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq.) is amended by adding at the end the following: The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. In this part, the term bullying includes cyber-bullying through electronic communications that take place away from school or a school-sponsored or school-related event, but only if the cyber-bullying infringes on the rights of the student at school as set forth in subparagraph

(A)or

(B)of subsection (b)(1). A State that receives a grant under this title shall require all local educational agencies in the State with authority to administer public elementary and secondary schools to carry out the following: Establish policies that prevent and prohibit conduct, including bullying and harassment— that is sufficiently severe, persistent, or pervasive that a reasonable person would expect such bullying or harassment to limit a student’s ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or that is sufficiently severe, persistent, or pervasive that a reasonable person would expect such bullying or harassment to create a hostile or abusive educational environment, adversely affecting a student’s education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. The policies required under paragraph

(1)shall include a prohibition of bullying or harassment conduct based on— a student’s actual or perceived race, color, national origin, religion, disability, sex, sexual orientation, or gender identity; the actual or perceived race, color, national origin, religion, disability, sex, sexual orientation, or gender identity of a person with whom a student associates or has associated; or any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. Provide— annual notice to students, parents, and educational professionals describing the full range of the local educational agency’s policies required under paragraph

(1)and shall include an affirmative statement of the protections for free speech, assembly, and expression under the First Amendment and any other applicable law; and grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency’s discipline policies, including— the name of the local educational agency officials who are designated as responsible for receiving such complaints; and timelines that the local educational agency will establish in the resolution of such complaints. Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph

(1)at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. Encourage positive and preventative approaches to school discipline that minimize students’ removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary— on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and describing the State’s plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1). The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and programs that train covered school employees how to identify and stop bullying and harassment, as those terms are defined in section 4702. The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702. Not later than January 1 of the first calendar year that begins after the effective date of this section and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection

(a)together with the data collected under subsection

(b)and data submitted by the States under section 4703. Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). Nothing in this part shall be construed to deny any student a right of free speech, assembly, or expression protected under the Constitution or any other Federal law, or to permit unlawful viewpoint discrimination. No policy established under this part may prevent or punish a student’s expression of religious, political, or philosophical beliefs in the classroom or at school activities when such expression takes place on equal terms with similar expressions of belief allowed by the school in the same setting. Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part. .

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Sec. 6

Other nondiscrimination requirements

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