II 119THCONGRESS 1 STSESSION S. 558 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 FEBRUARY13, 2025 Mr. S COTTof South Carolina (for himself, Ms. ROSEN, Mr. LANKFORD, Mr. S CHUMER, Mr. GRAHAM, Mr. BLUMENTHAL, Mr. SCOTTof Florida, Ms. H ASSAN, Ms. COLLINS, Mrs. GILLIBRAND, Mrs. CAPITO, Mr. GALLEGO, Mr. B ARRASSO, Mr. HICKENLOOPER, Mr. CRAPO, Mr. WYDEN, Mrs. B RITT, Mr. COONS, Mr. CORNYN, Ms. CORTEZMASTO, Mr. COTTON, Mr. B ENNET, Mr. BOOZMAN, Ms. CANTWELL, Mr. RICKETTS, Mr. F ETTERMAN, Mr. GRASSLEY, Mr. SCHIFF, Mr. CRAMER, Ms. SLOTKIN, Mrs. H YDE-SMITH, Mr. WARNER, Mrs. FISCHER, Mr. PETERS, Mr. D AINES, and Mr. BOOKER) 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 VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 558 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Antisemitism Aware-2 ness Act of 2025’’. 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 VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 558 IS (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 VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 558 IS 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 use of alternative definitions of anti-9 semitism impairs enforcement efforts by adding mul-10 tiple standards and may fail to identify many of the 11 modern manifestations of antisemitism. 12 (6) The White House released the first-ever 13 United States National Strategy to Counter Anti-14 semitism on May 25, 2023, making clear that the 15 fight against this hate is a national, bipartisan pri-16 ority that must be successfully conducted through a 17 whole-of-government-and-society approach. 18 SEC. 4. DEFINITIONS. 19 For purposes of this Act, the term ‘‘definition of anti-20 semitism’’— 21 (1) means the definition of antisemitism adopt-22 ed on May 26, 2016, by the IHRA, of which the 23 United States is a member, which definition has 24 been adopted by the Department of State; and 25 VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 558 IS (2) includes the ‘‘[c]ontemporary examples of 1 antisemitism’’ identified in the IHRA definition. 2 SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE 3 CIVIL RIGHTS ACT OF 1964. 4 In reviewing, investigating, or deciding whether there 5 has been a violation of title VI of the Civil Rights Act 6 of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, 7 color, or national origin, based on an individual’s actual 8 or perceived shared Jewish ancestry or Jewish ethnic char-9 acteristics, the Department of Education shall take into 10 consideration the definition of antisemitism as part of the 11 Department’s assessment of whether the practice was mo-12 tivated by antisemitic intent. 13 SEC. 6. OTHER RULES OF CONSTRUCTION. 14 (a) G ENERALRULE OFCONSTRUCTION.—Nothing in 15 this Act shall be construed— 16 (1) to expand the authority of the Secretary of 17 Education; 18 (2) to alter the standards pursuant to which the 19 Department of Education makes a determination 20 that harassing conduct amounts to actionable dis-21 crimination; or 22 (3) to diminish or infringe upon the rights pro-23 tected under any other provision of law that is in ef-24 fect as of the date of enactment of this Act. 25 VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS 6 •S 558 IS (b) CONSTITUTIONAL PROTECTIONS.—Nothing in 1 this Act shall be construed to diminish or infringe upon 2 any right protected under the First Amendment to the 3 Constitution of the United States. 4 Æ VerDate Sep 11 2014 22:35 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S558.IS S558 ssavage on LAPJG3WLY3PROD with BILLS