II 118th CONGRESS 2d Session S. 5161 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.

1. Short title This Act may be cited as the Preventing Antisemitic Harassment on Campus Act of 2024 . 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: 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. 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: 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. . 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: 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. . 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. 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.