II
118THCONGRESS
2
DSESSION S. 4127
To provide for the consideration of a definition of antisemitism set forth
by the International Holocaust Remembrance Alliance for the enforce-
ment of Federal antidiscrimination laws concerning education programs
or activities, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL16, 2024
Mr. S
COTTof South Carolina (for himself, Mr. CASEY, Mr. LANKFORD, Ms.
R
OSEN, Mr. SCOTTof Florida, Mr. WYDEN, Mr. MORAN, Mr. BENNET,
Mr. B
OOZMAN, Ms. CORTEZMASTO, Ms. COLLINS, Mr. COONS, Mr.
C
RAPO, Ms. SINEMA, Mr. GRASSLEY, Mrs. GILLIBRAND, Mr. HAWLEY,
Mr. H
ICKENLOOPER, Mrs. BRITT, Mr. BLUMENTHAL, Mr. RICKETTS,
Mr. F
ETTERMAN, Mr. BARRASSO, Mr. CARDIN, Mr. COTTON, Mr.
M
ANCHIN, Mr. CORNYN, Ms. HASSAN, Mrs. CAPITO, and Ms. CANTWELL)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
A BILL
To provide for the consideration of a definition of anti-
semitism set forth by the International Holocaust Re-
membrance Alliance for the enforcement of Federal anti-
discrimination laws concerning education programs or
activities, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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•S 4127 IS
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Antisemitism Aware-2
ness Act of 2024’’. 3
SEC. 2. SENSE OF CONGRESS. 4
It is the sense of Congress that— 5
(1) title VI of the Civil Rights Act of 1964 (42 6
U.S.C. 2000d et seq.), prohibits discrimination on 7
the basis of race, color, and national origin in pro-8
grams and activities receiving Federal financial as-9
sistance; 10
(2) while such title does not cover discrimina-11
tion based solely on religion, individuals who face 12
discrimination based on actual or perceived shared 13
ancestry or ethnic characteristics do not lose protec-14
tion under such title for also being members of a 15
group that share a common religion; 16
(3) discrimination against Jews may give rise to 17
a violation of such title when the discrimination is 18
based on race, color, or national origin, which can 19
include discrimination based on actual or perceived 20
shared ancestry or ethnic characteristics; 21
(4) it is the policy of the United States to en-22
force such title against prohibited forms of discrimi-23
nation rooted in antisemitism as vigorously as 24
against all other forms of discrimination prohibited 25
by such title; and 26
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(5) as noted in the U.S. National Strategy to 1
Counter Antisemitism issued by the White House on 2
May 25, 2023, it is critical to— 3
(A) increase awareness and understanding 4
of antisemitism, including its threat to America; 5
(B) improve safety and security for Jewish 6
communities; 7
(C) reverse the normalization of anti-8
semitism and counter antisemitic discrimina-9
tion; and 10
(D) expand communication and collabora-11
tion between communities. 12
SEC. 3. FINDINGS. 13
Congress finds the following: 14
(1) Antisemitism is on the rise in the United 15
States and is impacting Jewish students in K–12 16
schools, colleges, and universities. 17
(2) The International Holocaust Remembrance 18
Alliance (referred to in this Act as the ‘‘IHRA’’) 19
Working Definition of Antisemitism is a vital tool 20
which helps individuals understand and identify the 21
various manifestations of antisemitism. 22
(3) On December 11, 2019, Executive Order 23
13899 extended protections against discrimination 24
under the Civil Rights Act of 1964 to individuals 25
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subjected to antisemitism on college and university 1
campuses and tasked Federal agencies to consider 2
the IHRA Working Definition of Antisemitism when 3
enforcing title VI of such Act. 4
(4) Since 2018, the Department of Education 5
has used the IHRA Working Definition of Anti-6
semitism when investigating violations of that title 7
VI. 8
(5) The White House released the first-ever 9
United States National Strategy to Counter Anti-10
semitism on May 25, 2023, making clear that the 11
fight against this hate is a national, bipartisan pri-12
ority that must be successfully conducted through a 13
whole-of-government-and-society approach. 14
SEC. 4. DEFINITIONS. 15
For purposes of this Act, the term ‘‘definition of anti-16
semitism’’— 17
(1) means the definition of antisemitism adopt-18
ed on May 26, 2016, by the IHRA, of which the 19
United States is a member, which definition has 20
been adopted by the Department of State; and 21
(2) includes the ‘‘[c]ontemporary examples of 22
antisemitism’’ identified in the IHRA definition. 23
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SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE 1
CIVIL RIGHTS ACT OF 1964. 2
In reviewing, investigating, or deciding whether there 3
has been a violation of title VI of the Civil Rights Act 4
of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, 5
color, or national origin, based on an individual’s actual 6
or perceived shared Jewish ancestry or Jewish ethnic char-7
acteristics, the Department of Education shall take into 8
consideration the definition of antisemitism as part of the 9
Department’s assessment of whether the practice was mo-10
tivated by antisemitic intent. 11
SEC. 6. OTHER RULES OF CONSTRUCTION. 12
(a) G
ENERALRULE OFCONSTRUCTION.—Nothing in 13
this Act shall be construed— 14
(1) to expand the authority of the Secretary of 15
Education; 16
(2) to alter the standards pursuant to which the 17
Department of Education makes a determination 18
that harassing conduct amounts to actionable dis-19
crimination; or 20
(3) to diminish or infringe upon the rights pro-21
tected under any other provision of law that is in ef-22
fect as of the date of enactment of this Act. 23
(b) C
ONSTITUTIONAL PROTECTIONS.—Nothing in 24
this Act shall be construed to diminish or infringe upon 25
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any right protected under the First Amendment to the 1
Constitution of the United States. 2
Æ
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