to the prevention of bullying or harassment of students 
that is not inconsistent with this part.’’. 
SEC. 7. PROHIBITION ON RETALIATION AND UNEQUAL 
TREATMENT. 
Title XI of the Civil Rights Act of 1964 (42 U.S.C. 
2000h et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1107. NONRETALIATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) No government shall take any adverse ac-
tion because of— 
‘‘(A) the existence or invocation of any ex-
emption, defense, or remedy under this Act; or 
‘‘(B) the existence or invocation of any 
protection from discrimination under this Act. 
‘‘(2) Nothing in this subsection shall be con-
strued to invalidate or supersede a law without evi-
dence that it was enacted, enforced, or administered 
for reasons prohibited by paragraph (1). 
‘‘(b) PROHIBITION ON CERTAIN GOVERNMENT AC-
TIONS.— 
‘‘(1) PERSONS PROTECTED FROM DISCRIMINA-
TION.—No government shall take any adverse action 
that, as applied, conflicts with any protection from 
discrimination under this Act. 
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‘‘(2) CERTAIN RELIGIOUS PROPERTIES AND RE-
LIGIOUS EMPLOYERS.— 
‘‘(A) No government shall take any ad-
verse action that, as applied, is inconsistent 
with the exemptions under section 201(b)(11). 
‘‘(B) No government shall take any ad-
verse action that, as applied, abridges the ex-
emptions provided under section 702(a)(2)(B). 
‘‘(C) Nothing in this subsection shall be 
construed to invalidate any other law that oth-
erwise applies to a religious property exempt 
under section 201(b)(11) or a religious em-
ployer exempt under section 702(a)(2)(B). 
‘‘(3) ADOPTION AND FOSTER CARE FUNDING, 
LICENSURE, AND CERTIFICATION.—No State shall 
enforce a law with respect to a particular contract, 
cooperative agreement, grant, guarantee, or benefit 
if that law, as applied, abridges any right or benefit 
under section 610, unless the State demonstrates 
that the contract, cooperative agreement, grant, 
guarantee, or benefit is solely funded by revenues of 
a State or political subdivision thereof. A State or 
its political subdivision may commingle its revenues 
with Federal financial assistance for the purpose of 
providing financial aid to adoption agencies; such 
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commingled revenues shall be deemed Federal finan-
cial assistance. No government may deny, withhold, 
or suspend the license or certification of a religiously 
affiliated adoption or foster care agency because of 
its religious teachings or practices, provided that the 
agency complies with generally applicable health and 
safety standards. 
‘‘(c) RELIGIOUS EDUCATIONAL INSTITUTIONS.— 
‘‘(1) NO ADVERSE ACTION FOR RELIGIOUS MIS-
SION.—No government shall take any adverse action 
against a religious educational institution, its fac-
ulty, students, or graduates because of its religious 
mission. 
‘‘(2) ACCREDITATION.—No accrediting agency 
shall take an adverse action against a religious edu-
cational institution for noncompliance with an ac-
creditation standard that would require the institu-
tion to act inconsistently with its religious mission 
as related to marriage, family, sexuality, or gender 
identity, except as these matters pertain to race, 
color, or national origin. Nothing in this provision 
shall be interpreted to deny an accrediting agency 
the authority under section 496(a) of the Higher 
Education Act (20 U.S.C. 1099b(a)) to take action 
necessary to ensure that the courses or programs of 
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instruction, training, or study offered by an institu-
tion of higher education are of sufficient quality to 
achieve the stated objective for which the courses or 
the programs are offered. An accrediting agency 
does not demonstrate that its adverse action against 
a religious educational institution is authorized 
under section 1099b(a) merely by showing that the 
action results from a rule of general applicability. 
‘‘(3) REMEDIES.—A religious educational insti-
tution harmed by a violation of this subsection may 
obtain injunctive relief against the responsible ac-
crediting agency. Upon receiving a copy of such an 
injunction, the Department of Education shall deem 
the affected religious educational institution as ac-
credited for all purposes under Federal law. The De-
partment shall deny recognition for any purpose to 
an accrediting agency that knowingly violates this 
subsection. An accrediting agency that loses its gov-
ernment recognition may apply with the Department 
to restore its recognition if the agency demonstrates 
that the violation resulted from mistake or inadvert-
ence. Within two years of the enactment of this Act, 
the Department shall issue final rules prescribing 
the procedures governing this section. 
‘‘(d) NO RELIGIOUS TESTS.—No government shall— 
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‘‘(1) exclude a person from an occupation by 
depriving a person of professional credentials or im-
posing a fine or penalty, including through a private 
right of action, because of the person’s religious be-
liefs or affiliations, provided that the person other-
wise complies with occupational or professional 
standards that, in purpose and effect, are neutral to-
ward religion and generally applicable; or 
‘‘(2) determine eligibility for public office be-
cause of religious beliefs or affiliations. 
‘‘(e) SCOPE
OF
APPLICATION.—Subsections (a) 
through (d) apply in any case in which— 
‘‘(1) section 5 of the Fourteenth Amendment to 
the Constitution of the United States grants law-
making power to Congress; 
‘‘(2) action by a government or an accrediting 
agency would affect commerce with foreign nations, 
among the several States, or with Indian Tribes; 
‘‘(3) a State or political subdivision receives 
Federal financial assistance, to the full extent per-
mitted by Congress’ authority under the Spending 
Power in article I, section 8 of the Constitution; 
‘‘(4) Congress has power under the Necessary 
and Proper Clause of article I, section 8 to effec-
tuate the exercise of its enumerated powers; or 
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