Critics have panned the "Antisemitism Awareness Act" after the House of Representatives passed the legislation on Wednesday.
The bill, which follows weeks of anti-Israel and pro-Palestinian protests at universities across the country, cites title VI of the Civil Rights Act of 1964 and allows the "enforcement of federal anti-discrimination laws concerning education programs or activities," among other purposes. The legislation passed with 320 votes in favor of the bill and 91 in opposition. Eighteen members of Congress did not vote on the bill.
"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," the bill reads, noting violation of the title includes discrimination based on "actual or perceived shared ancestry or ethnic characteristics."
"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," the bill continues.
Opponents to the legislation, including Florida Rep. Matt Gaetz, noted the bill appears to violate the First Amendment and infringe on those not of the Jewish faith.
"Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words," Gaetz wrote to X. "The Gospel itself would meet the definition of antisemitism under the terms of this bill!"
The bill also cites the United States National Strategy to Counter Antisemitism issued by President Joe Biden last May, which advocates for increased awareness and understanding of antisemitism.
Per the bill's findings, Congress has determined there is a rise in antisemitism among K-12 schools, colleges, and universities. The legislation goes on to declare the International Holocaust Remembrance Alliance's (IHRA) definition of antisemitism a "vital tool" to understand and identify "various manifestations of antisemitism.
Per IHRA's definition of antisemitism, Gaetz noted the bill would determine Christian belief of Jesus' death by Jews to be antisemitic.
"The Bible is clear. There is no myth or controversy on this," Gaetz added, citing several verses from scripture.
IHRA defines antisemitism as: "A certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
The bill claims 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."
In order for a violation of title VI of the Civil Rights Act of 1964 to be acknowledged, "the Department of Education [DOE] shall take into consideration the definition of antisemitism," per IHRA's definition, to assess whether the instance was "motivated by antisemitic intent."
However, the bill also notes nothing contained in the legislation's language shall be "construed to expand the authority of the Secretary of Education," "alter the standards pursuant to which the [DOE] makes a determination that harassing conduct amounts to actionable discrimination," or "to diminish or infringe upon the rights protected under any other provision of law that is in effect," including the First Amendment.
Those in support of and ambivalent to Israel and those of the Jewish faith expressed concern over the bill's language.
Author Kurt Schlichter, who has been an outspoken proponent of Israel and those of the Jewish faith amidst their ongoing conflict in the Middle East, referred to the bill as "freaking stupid."
"When someone like me, who literally wants to glassover Gaza and throw every college student with a piercing or weird-colored hair in a Gulag, I think your bill is bad, it's bad," the author wrote.
The Daily Wire's Matt Walsh, who has taken a relatively neutral stance on Israel and claims of antisemitism in recent months, noted IHRA's definition of antisemitism is not directly cited in the legislation.
"All it says is that the definition is whatever this other group says it is. Which is batshit bonkers already because it grants the force of law to whatever the IHRA happens to decree on the subject," Walsh wrote in an X thread. "What happens when IHRA adds new examples? Well I guess the legal definition changes. Why is some organization being given this kind of legal power? That is never explained by anyone involved in writing this bill."
Walsh went on to note that accusations of Israel engaging in genocide or racism were deemed antisemitic, per the bill.
"Many people would say such accusations are false. But even if you find them to be false, should any criticism of a foreign government ever be legally prohibited by our government under any circumstance?" Walsh asked.
Walsh concluded his thread by noting the bill would not address ongoing conflict across universities.
"The chaos could be easily squashed simply by enforcing existing laws against trespassing, burglary, vandalism, etc," he wrote.
Kentucky Rep. Thomas Massie referred to the legislation as a "poorly conceived, unconstitutional bill."
Others claimed the bill would criminalize comparisons of Israeli policies to Nazi Germany policies, along with accusing American citizens of having dual loyalty to Israel.
