[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5161 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5161
To amend title VI of the Civil Rights Act of 1964 to prohibit
discrimination under any program or activity receiving Federal
financial assistance on the ground of religion, to amend the Higher
Education Act of 1965 to provide for rigorous enforcement of
prohibitions against discrimination by institutions of higher education
on the basis of antisemitism, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Mr. Rubio (for himself and Mr. Scott of Florida) 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 prohibit
discrimination under any program or activity receiving Federal
financial assistance on the ground of religion, to amend the Higher
Education Act of 1965 to provide for rigorous enforcement of
prohibitions against discrimination by institutions of higher education
on the basis of antisemitism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Antisemitic Harassment on
Campus Act of 2024''.
SEC. 2. PROHIBITION OF DISCRIMINATION ON THE GROUND OF RELIGION.
(a) In General.--Section 601 of the Civil Rights Act of 1964 (42
U.S.C. 2000d) is amended by striking ``or national origin'' and
inserting ``national origin, or religion''.
(b) Non-Application.--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:
``SEC. 607. NON-APPLICATION OF PROHIBITION OF DISCRIMINATION ON THE
GROUND OF RELIGION TO RELIGIOUS ORGANIZATIONS.
``The prohibition of discrimination under any program or activity
receiving Federal financial assistance on the ground of religion under
this title shall not apply to a program or activity that is conducted
or controlled by, or is otherwise affiliated with, a religious
organization, including a student religious organization.''.
(c) Harassment.--Section 601 of the Civil Rights Act of 1964 (42
U.S.C. 2000d) is amended--
(1) by striking ``No person'' and inserting the following:
``prohibition of discrimination.--
``(a) In General.--No person''; and
(2) by adding at the end the following:
``(b) Inclusion of Indifference to Harassment.--The term
`discrimination', for purposes of this title and with respect to an
educational program or activity of a college, university, or other
postsecondary institution, or a public system of higher education,
includes deliberate indifference to harassment that is so severe,
pervasive, and objectively offensive, and that so undermines and
detracts from a victim's educational experience, that the victim is
effectively denied equal access to the resources and opportunities of
the educational program or activity.''.
(d) Policy.--
(1) In general.--It shall be the policy of the United
States to enforce title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) against prohibited forms of
discrimination rooted in antisemitism no less vigorously than
against all other forms of discrimination prohibited by such
title VI.
(2) Definition of antisemitism.--In this subsection, the
term ``antisemitism'' means a certain perception of Jews, which
may be expressed as hatred toward Jews, and the rhetorical and
physical manifestations of which are directed toward--
(A) Jewish or non-Jewish individuals or their
property; or
(B) Jewish community institutions or religious
facilities.
SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. SANCTIONS FOR NONCOMPLIANCE WITH TITLE VI.
``(a) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 102.
``(b) Sanctions for Certain Violations.--
``(1) Sanctions.--
``(A) In general.--Notwithstanding section 602 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), an
institution of higher education that receives Federal
financial assistance under this Act and is found, by
the Office for Civil Rights of the Department, to be in
violation of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) with respect to antisemitic
discrimination in a program or activity as described in
subparagraph (B) or (C) shall be subject to the
sanction provided in subparagraph (B) or (C), after the
Secretary--
``(i) notifies the institution of such
finding; and
``(ii) provides the institution with an
opportunity for a hearing.
``(B) Two violations.--In the case of a particular
program of an institution that violates title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with
respect to antisemitic discrimination for a second time
within the 5-year period preceding the date of the
second violation, the Secretary shall impose a fine on
the institution in an amount that is not less than 10
percent of the Federal financial assistance received
under this Act by the particular program of the
institution in which the violation was found during the
year of the second violation (regardless of how long
the institution remains in violation) and any
subsequent year during which the institution remains in
violation for not less than 90 days.
``(C) Three violations.--In the case of a
particular program of an institution that violates
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) with respect to antisemitic
discrimination for a third time within the 5-year
period preceding the date of the third violation, the
Secretary shall impose a fine on the institution in an
amount that is not less than 33 percent of the Federal
financial assistance received under this Act by the
particular program of the institution in which the
violation was found during the year of the third
violation (regardless of how long the institution
remains in violation) and any subsequent year during
which the institution remains in violation for not less
than 90 days.
``(2) Waiver.--For purposes of imposing sanctions under
paragraph (1), the Secretary may treat violations described in
paragraph (1) as a single violation if the violations--
``(A) are in relation to discrimination that was
conducted by a person other than the institution or its
faculty or staff; and
``(B) occurred within a span of not more than 24
hours.
``(c) Monitoring.--The Secretary shall monitor private lawsuits
brought against institutions of higher education that receive Federal
financial assistance under this Act for a violation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to
antisemitic discrimination to independently evaluate whether the
institution violated title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.) with respect to antisemitic discrimination.
``(d) Notification to Students, Faculty, and Staff.--An institution
of higher education that receives Federal financial assistance under
this Act and is found to be in violation of title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) with respect to
antisemitic discrimination shall provide a notification of such finding
to all enrolled students, faculty, and staff of the institution.
``(e) Report.--The Secretary shall submit a full written report to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the House of
Representatives with respect to each action to impose a fine under
subsection (b) that includes the circumstances and grounds for such
action.''.
SEC. 4. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
as amended by section 2, is further amended by adding at the end the
following:
``SEC. 608. FACTORS IN DETERMINATION OF NONCOMPLIANCE; MONITOR.
``(a) Factors.--Each Federal department and agency in determining
whether a person is in compliance with a requirement adopted pursuant
to section 602, and court in determining whether a person has violated
this title, shall make considerations, including of the following
factors:
``(1) The person's prevention of discrimination, and
remediation (including disciplining faculty and staff) with
respect to discrimination, on the basis of another ground
provided in section 601.
``(2) The person's prevention of discrimination, and
remediation (including disciplining faculty and staff) with
respect to discrimination, against another group on the basis
of the same ground for which the determination of compliance or
a violation is being made.
``(b) Monitor.--A court that finds a violation of this title or
upholds a department or agency determination of noncompliance with a
requirement adopted pursuant to section 602 may appoint a monitor to
review and report on the implementation of any remedy with respect to
such finding or determination.''.
SEC. 5. RULES OF CONSTRUCTION.
Nothing in this Act, or any of the amendments made under this Act,
shall be construed--
(1) to expand the authority of the Secretary of Education;
(2) to infringe on, or otherwise diminish, the rights
protected under any other provision of law;
(3) to create any negative inference as to either the legal
protections provided to victims of antisemitism or the
prohibitions on antisemitic discrimination by Federal law prior
to date of enactment of this Act; and
(4) to infringe on, diminish, or otherwise conflict with
any right protected under the First Amendment to the
Constitution of the United States.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provisions
and amendments to any other person or circumstance shall not be
affected.
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