,,ii  #aaith ,,congress  #ast ,session  
,s4 #hbf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #d1 #bjbe,mr4
 ,scott of ,florida introduced the      
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to amend title ,,vi of the     
,civil ,rights ,act of #aifd to prohibit
 discrimination under any program or    
activity receiving ,federal financial   
assistance on the ground of religion1 to
 amend the ,higher ,education ,act of   
#aife to provide for rigorous           
enforcement of prohibitions against     
discrimination by institutions of higher
 education on the basis of antisemitism1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,preventing ,antisemitic ,harassment on 
,campus ,act of #bjbe4  #b4 ,prohibition
 of discrimination on the ground of     
religion  7a7 ,in general ,section #fja 
of the ,civil ,rights ,act of #aifd 7#db
 ,u4,s4,c4 #bjjj;d7 is amended by       

striking or national origin and         
inserting national origin1 or religion4 
7b7 ,non-,application ,title ,,vi of the
 ,civil ,rights ,act of #aifd 7#db      
,u4,s4,c4 #bjjj;d et seq47 is amended by
 adding at the end the following3  #fjg4
 ,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 by1 or is       
otherwise affiliated with1 a religious  
organization1 including a student       
religious organization4  4  7c7         
,harassment ,section #fja of the ,civil 
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;d7 is amended-- 7#a7 by striking  
,no person and inserting the following3 
,prohibition of ,discrimination4-- 7a7  
,in general ,no person  2 and  7#b7 by  
adding at the end the following3  7b7   

,inclusion of indifference to harassment
 ,the term discrimination1 for purposes 
of this title and with respect to an    
educational program or activity of a    
college1 university1 or other           
postsecondary institution1 or a public  
system of higher education1 includes    
deliberate indifference to harassment   
that is so severe1 pervasive1 and       
objectively offensive1 and that so      
undermines and detracts from a victim's 
educational experience1 that the victim 
is effectively denied equal access to   
the resources and opportunities of the  
educational program or activity4  4  7d7
 ,policy  7#a7 ,in general ,it shall be 
the policy of the ,united ,states to    
enforce title ,,vi of the ,civil ,rights
 ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et
 seq47 against prohibited forms of      
discrimination rooted in antisemitism no
 less vigorously than against all other 
forms of discrimination prohibited by   
such title ,,vi4  7#b7 ,definition of   
antisemitism ,in this subsection1 the   

term antisemitism means a certain       
perception of ,jews1 which may be       
expressed as hatred toward ,jews1 and   
the rhetorical and physical             
manifestations of which are directed    
toward-- 7,a7 ,jewish or non-,jewish    
individuals or their property2 or  7,b7 
,jewish community institutions or       
religious facilities4  #c4 ,amendment to
 the ,higher ,education ,act of #aife   
,part ,b of title ,i of the ,higher     
,education ,act of #aife 7#bj ,u4,s4,c4 
#ajaa et seq47 is amended by adding at  
the end the following3  #abd4 ,sanctions
 for noncompliance with title ,,vi  7a7 
,definition of institution of higher    
education ,in this section1 the term    
institution of higher education has the 
meaning given the term in section #ajb4 
7b7 ,sanctions for certain violations   
7#a7 ,sanctions  7,a7 ,in general       
,notwithstanding section #fjb of the    
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;d-#a71 an institution of
 higher education that receives ,federal

 financial assistance under this ,act   
and is found1 by the ,office for ,civil 
,rights of the ,department1 to be in    
violation of title ,,vi of the ,civil   
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;d et seq47 with respect to        
antisemitic discrimination in a program 
or activity as described in subparagraph
 7,b7 or 7,c7 shall be subject to the   
sanction provided in subparagraph 7,b7  
or 7,c71 after the ,secretary-- 7i7     
notifies the institution of such        
finding2 and  7ii7 provides the         
institution with an opportunity for a   
hearing4  7,b7 ,two violations ,in the  
case of a particular program of an      
institution that violates title ,,vi of 
the ,civil ,rights ,act of #aifd 7#db   
,u4,s4,c4 #bjjj;d et seq47 with respect 
to antisemitic discrimination for a     
second time within the #e-year period   
preceding the date of the second        
violation1 the ,secretary shall impose a
 fine on the institution in an amount   
that is not less than #aj 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 7regardless of how 
long the institution remains in         
violation7 and any subsequent year      
during which the institution remains in 
violation for not less than #ij days4   
7,c7 ,three violations ,in the case of a
 particular program of an institution   
that violates title ,,vi of the ,civil  
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;d et seq47 with respect to        
antisemitic discrimination for a third  
time within the #e-year period preceding
 the date of the third violation1 the   
,secretary shall impose a fine on the   
institution in an amount that is not    
less than #cc 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 7regardless of how long the   

institution remains in violation7 and   
any subsequent year during which the    
institution remains in violation for not
 less than #ij days4  7#b7 ,waiver ,for 
purposes of imposing sanctions under    
paragraph 7#a71 the ,secretary may treat
 violations described in paragraph 7#a7 
as a single violation if the            
violations-- 7,a7 are in relation to    
discrimination that was conducted by a  
person other than the institution or its
 faculty or staff2 and  7,b7 occurred   
within a span of not more than #bd      
hours4  7c7 ,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 #aifd 7#db ,u4,s4,c4    
#bjjj;d et seq47 with respect to        
antisemitic discrimination to           
independently evaluate whether the      
institution violated title ,,vi of the  
,civil ,rights ,act of #aifd 7#db       

,u4,s4,c4 #bjjj;d et seq47 with respect 
to antisemitic discrimination4  7d7     
,notification to students1 faculty1 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 #aifd
 7#db ,u4,s4,c4 #bjjj;d et seq47 with   
respect to antisemitic discrimination   
shall provide a notification of such    
finding to all enrolled students1       
faculty1 and staff of the institution4  
7e7 ,report ,the ,secretary shall submit
 a full written report to the ,committee
 on ,health1 ,education1 ,labor1 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
 7b7 that includes the circumstances and
 grounds for such action4  4  #d4       
,amendments to ,civil ,rights ,act of   
#aifd ,title ,,vi of the ,civil ,rights 

,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et 
seq471 as amended by section #b1 is     
further amended by adding at the end the
 following3  #fjh4 ,factors in          
determination of noncompliance2 monitor 
7a7 ,factors ,each ,federal department  
and agency in determining whether a     
person is in compliance with a          
requirement adopted pursuant to section 
#fjb1 and court in determining whether a
 person has violated this title1 shall  
make considerations1 including of the   
following factors3 7#a7 ,the person's   
prevention of discrimination1 and       
remediation 7including disciplining     
faculty and staff7 with respect to      
discrimination1 on the basis of another 
ground provided in section #fja4  7#b7  
,the person's prevention of             
discrimination1 and remediation         
7including disciplining faculty and     
staff7 with respect to discrimination1  
against another group on the basis of   
the same ground for which the           
determination of compliance or a        

violation is being made4  7b7 ,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 
#fjb may appoint a monitor to review and
 report on the implementation of any    
remedy with respect to such finding or  
determination4  4  #e4 ,rules of        
construction ,nothing in this ,act1 or  
any of the amendments made under this   
,act1 shall be construed-- 7#a7 to      
expand the authority of the ,secretary  
of ,education2  7#b7 to infringe on1 or 
otherwise diminish1 the rights protected
 under any other provision of law2  7#c7
 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 ,act2 and     
7#d7 to infringe on1 diminish1 or       
otherwise conflict with any right       
protected under the ,first ,amendment to

 the ,constitution of the ,united       
,states4  #f4 ,severability ,if any     
provision of this ,act1 an amendment    
made by this ,act1 or the application of
 such provision or amendment to any     
person or circumstance is held to be    
unconstitutional1 the remainder of this 
,act1 the amendments made by this ,act1 
and the application of such provisions  
and amendments to any other person or   
circumstance shall not be affected4