Treatment of discrimination motivated by antisemitism

(a) Requirement (1) In general As a condition of receiving Federal financial assistance, a local educational agency or institution of higher education shall treat discrimination that is motivated by antisemitism, including discrimination by students or employees and discrimination resulting from the institutional policies of such agency or institution, as vigorously as such agency or institution treats all other forms of discrimination prohibited by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) Use of the definition of antisemitism In identifying evidence, reviewing, investigating, or determining whether there has been a violation of any relevant Federal law, a Federal department or agency, or local educational agency or institution of higher education that receives Federal financial assistance, shall consider the definition of antisemitism specified in subsection (c) for purposes of determining whether an alleged act or omission was motivated by discriminatory antisemitic intent. (3) Enforcement The provisions of this section shall be enforceable by any mechanism available to enforce section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d). (b) Rules of construction Nothing in this section shall be construed as— (1) diminishing or infringing upon any right protected under the First Amendment to the Constitution; or (2) preempting State antidiscrimination laws. (c) Definitions In this section: (1) Antisemitism The term antisemitism has the meaning incorporated by reference in section 2 of Executive Order 13899 (84 FR 68779; December 11, 2019), including the contemporary examples described in section 2(a)(ii) of such Executive order. (2) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(a) Requirement (1) In general As a condition of receiving Federal financial assistance, a local educational agency or institution of higher education shall treat discrimination that is motivated by antisemitism, including discrimination by students or employees and discrimination resulting from the institutional policies of such agency or institution, as vigorously as such agency or institution treats all other forms of discrimination prohibited by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) Use of the definition of antisemitism In identifying evidence, reviewing, investigating, or determining whether there has been a violation of any relevant Federal law, a Federal department or agency, or local educational agency or institution of higher education that receives Federal financial assistance, shall consider the definition of antisemitism specified in subsection (c) for purposes of determining whether an alleged act or omission was motivated by discriminatory antisemitic intent. (3) Enforcement The provisions of this section shall be enforceable by any mechanism available to enforce section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d). (b) Rules of construction Nothing in this section shall be construed as— (1) diminishing or infringing upon any right protected under the First Amendment to the Constitution; or (2) preempting State antidiscrimination laws. (c) Definitions In this section: (1) Antisemitism The term antisemitism has the meaning incorporated by reference in section 2 of Executive Order 13899 (84 FR 68779; December 11, 2019), including the contemporary examples described in section 2(a)(ii) of such Executive Order. (2) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).