119-hr3282

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3282 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3282

 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 HOUSE OF REPRESENTATIVES

 May 8, 2025

 Mr. Fine introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on 
Education and Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
 within the jurisdiction of the committee concerned

_______________________________________________________________________

 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 2025''.

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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