; or (ii) receives Federal funds; or (B) would affect commerce with foreign nations, among the several States, or with Indian Tribes; and (2) 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. (b) Assertion by 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. (c) Rule of construction Nothing in this section shall be construed to alter or amend— (1) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.); (2) section 182 of the Elementary and Secondary Education Amendments Act of 1966 ( 42 U.S.C. 2000d–5 ); or (3) section 2 of the Elementary and Secondary Education Amendments Act of 1969 ( 42 U.S.C. 2000d–6 ) (d) Definitions In this section: (1) Adverse action The term adverse action includes, with respect to an institution of higher education or the past, current, or prospective students of such institution— (A) the denial or threat of denial of funding, including grants, scholarships, or loans; (B) the denial or threat of denial of access to facilities or programs; (C) the withholding or threat of withholding of any licenses, permits, certifications, accreditations, contracts, cooperative agreements, grants, guarantees, tax-exempt status, or exemptions; or (D) any other penalty or denial, or threat of such other penalty or denial, of an otherwise available benefit. (2) Government entity The term government entity means— (A) any department, agency, or instrumentality of the Federal Government; (B) a State or political subdivision of a State, or any agency or instrumentality thereof