[Congressional Record Volume 171, Number 30 (Thursday, February 13, 2025)]
[Senate]
[Pages S973-S974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. SCOTT of South Carolina (for himself, Ms. Rosen, Mr.
Lankford, Mr. Schumer, Mr. Graham, Mr. Blumenthal, Mr. Scott of
Florida, Ms. Hassan, Ms. Collins, Mrs. Gillibrand, Mrs. Capito,
Mr. Gallego, Mr. Barrasso, Mr. Hickenlooper, Mr. Crapo, Mr.
Wyden, Mrs. Britt, Mr. Coons, Mr. Cornyn, Ms. Cortez Masto, Mr.
Cotton, Mr. Bennet, Mr. Boozman, Ms. Cantwell, Mr. Ricketts,
Mr. Fetterman, Mr. Grassley, Mr. Schiff, Mr. Cramer, Ms.
Slotkin, Mrs. Hyde-Smith, Mr. Warner, Mrs. Fischer, Mr. Peters,
Mr. Daines, and Mr. Booker):
S. 558. A bill to provide for the consideration of a definition of
antisemitism set forth by the International Holocaust Rembrance
Alliance for the enforcement of Federal antidiscrimination laws
concerning education programs or activities, and for other purposes; to
the Committee on Health, Education, Labor, and Pensions.
Mr. SCOTT of South Carolina. Mr. President, I ask unanimous consent
that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 558
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antisemitism Awareness Act
of 2025''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), prohibits discrimination on the basis of
race, color, and national origin in programs and activities
receiving Federal financial assistance;
(2) while such title does not cover discrimination based
solely on religion, individuals who face discrimination based
on actual or perceived shared ancestry or ethnic
characteristics do not lose protection under such title for
also being members of a group that share a common religion;
(3) discrimination against Jews may give rise to a
violation of such title when the discrimination is based on
race, color, or national origin, which can include
discrimination based on actual or perceived shared ancestry
or ethnic characteristics;
(4) it is the policy of the United States to enforce such
title against prohibited forms of discrimination rooted in
antisemitism as vigorously as against all other forms of
discrimination prohibited by such title; and
(5) as noted in the U.S. National Strategy to Counter
Antisemitism issued by the White House on May 25, 2023, it is
critical to--
(A) increase awareness and understanding of antisemitism,
including its threat to America;
(B) improve safety and security for Jewish communities;
(C) reverse the normalization of antisemitism and counter
antisemitic discrimination; and
(D) expand communication and collaboration between
communities.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Antisemitism is on the rise in the United States and is
impacting Jewish students in K-12 schools, colleges, and
universities.
(2) The International Holocaust Remembrance Alliance
(referred to in this Act as the ``IHRA'') Working Definition
of Antisemitism is a vital tool which helps individuals
understand and identify the various manifestations of
antisemitism.
(3) On December 11, 2019, Executive Order 13899 extended
protections against discrimination under the Civil Rights Act
of 1964 to individuals subjected to antisemitism on college
and university campuses and tasked Federal agencies to
consider the IHRA Working Definition of Antisemitism when
enforcing title VI of such Act.
(4) Since 2018, the Department of Education has used the
IHRA Working Definition of Antisemitism when investigating
violations of that title VI.
(5) The use of alternative definitions of antisemitism
impairs enforcement efforts by adding multiple standards and
may fail to identify many of the modern manifestations of
antisemitism.
(6) The White House released the first-ever United States
National Strategy to Counter Antisemitism on May 25, 2023,
making clear that the fight against this hate is a national,
bipartisan priority that must be successfully conducted
through a whole-of-government-and-society approach.
SEC. 4. DEFINITIONS.
For purposes of this Act, the term ``definition of
antisemitism''--
[[Page S974]]
(1) means the definition of antisemitism adopted on May 26,
2016, by the IHRA, of which the United States is a member,
which definition has been adopted by the Department of State;
and
(2) includes the ``[c]ontemporary examples of
antisemitism'' identified in the IHRA definition.
SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964.
In reviewing, investigating, or deciding whether there has
been a violation of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) on the basis of race, color, or
national origin, based on an individual's actual or perceived
shared Jewish ancestry or Jewish ethnic characteristics, the
Department of Education shall take into consideration the
definition of antisemitism as part of the Department's
assessment of whether the practice was motivated by
antisemitic intent.
SEC. 6. OTHER RULES OF CONSTRUCTION.
(a) General Rule of Construction.--Nothing in this Act
shall be construed--
(1) to expand the authority of the Secretary of Education;
(2) to alter the standards pursuant to which the Department
of Education makes a determination that harassing conduct
amounts to actionable discrimination; or
(3) to diminish or infringe upon the rights protected under
any other provision of law that is in effect as of the date
of enactment of this Act.
(b) Constitutional Protections.--Nothing in this Act shall
be construed to diminish or infringe upon any right protected
under the First Amendment to the Constitution of the United
States.
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