Sec. 118. Ensuring equal treatment by governmental entities
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/bill/115/hr/4508/rh/section-118A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part B of title I ( 20 U.S.C. 1011 et seq.) (as amended by sections 111 through 117 of this part) is further amended by adding at the end the following: Notwithstanding any other provision of law, no government entity shall take any adverse action against an institution of higher education that receives funding under title IV, if such adverse action— is being taken by a government entity that— is a department, agency, or instrumentality of the Federal Government; or receives Federal funds; or would affect commerce with foreign nations, among the several States, or with Indian Tribes; and has the effect of prohibiting or penalizing the institution for acts or omissions by the institution that are in furtherance of its religious mission or are related to the religious affiliation of the institution.
An actual or threatened violation of subsection
(a)may be asserted by an institution of higher education that receives funding under title IV as a claim or defense in a proceeding before any court. The court shall grant any appropriate equitable relief, including injunctive or declaratory relief. Nothing in this section shall be construed to alter or amend— title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.); section 182 of the Elementary and Secondary Education Amendments Act of 1966 ( 42 U.S.C. 2000d–5 ); or section 2 of the Elementary and Secondary Education Amendments Act of 1969 ( 42 U.S.C. 2000d–6 ) In this section: The term adverse action includes, with respect to an institution of higher education or the past, current, or prospective students of such institution— the denial or threat of denial of funding, including grants, scholarships, or loans; the denial or threat of denial of access to facilities or programs; the withholding or threat of withholding of any licenses, permits, certifications, accreditations, contracts, cooperative agreements, grants, guarantees, tax-exempt status, or exemptions; or any other penalty or denial, or threat of such other penalty or denial, of an otherwise available benefit. The term government entity means— any department, agency, or instrumentality of the Federal Government; a State or political subdivision of a State, or any agency or instrumentality thereof; and any interstate or other inter-governmental entity. The term institution of higher education has the meaning given the term in section 101 or 102. The term religious mission includes an institution of higher education’s religious tenets, beliefs, or teachings, and any policies or decisions related to such tenets, beliefs, or teachings (including any policies or decisions concerning housing, employment, curriculum, self-governance, or student admission, continuing enrollment, or graduation). .
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- 42 USC 2000d–5
- 42 USC 2000d–6
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Sec. 118
Ensuring equal treatment by governmental entities
Cite42 USC 2000d–5
Cite42 USC 2000d–6
Cites 4Cited by 0 across 0 sources