In May 2024, in the wake of a series of high-profile hearings on the rise of antisemitism on college campuses, the U.S. House of Representatives passed the Antisemitism Awareness Act (“AAA”) by a strong and bipartisan 320-91 vote. However, the bill stalled in the Senate. Congressional Republicans have indicated that they would reintroduce and vote on the bill in the newly convened 119th Congress, and now that Republicans have majorities and control of both chambers, it is widely expected that the AAA will pass sometime in 2025.
The AAA directs the U.S. Department of Education to consider the definition and examples of antisemitism promulgated by the International Holocaust Remembrance Alliance (“IHRA”) when enforcing federal antidiscrimination laws, including Title VI, which prohibits discrimination and harassment on the basis of race, color and national origin in federally funded programs and activities. The IHRA’s definition is broad and encompasses both widely accepted forms of antisemitism and more controversial examples of criticism of the state of Israel that some view as infringing on the free speech rights protected by the First Amendment.