Overview

Title

To amend title VI of the Civil Rights Act of 1964 to prohibit discrimination under any program or activity receiving Federal financial assistance on the ground of religion, to amend the Higher Education Act of 1965 to provide for rigorous enforcement of prohibitions against discrimination by institutions of higher education on the basis of antisemitism, and for other purposes.

ELI5 AI

The bill S. 826 wants to make sure that programs receiving money from the government aren't allowed to treat people unfairly because of their religion, while also making schools take antisemitism very seriously by punishing them if they don't. It tries to protect everyone's right to free speech and doesn't let anyone give extra power to the Secretary of Education.

Summary AI

The bill S. 826 seeks to amend the Civil Rights Act of 1964 by banning discrimination based on religion in federally funded programs, with exceptions for religious organizations. It further defines discrimination in education to include ignoring severe harassment, particularly antisemitic discrimination, and ensures colleges face penalties for such violations. The bill also demands greater enforcement against antisemitism in higher education by amending the Higher Education Act of 1965. Lastly, it clarifies that new rules should not infringe upon First Amendment rights or extend the Secretary of Education's authority.

Published

2025-03-04
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-03-04
Package ID: BILLS-119s826is

Bill Statistics

Size

Sections:
9
Words:
1,967
Pages:
10
Sentences:
45

Language

Nouns: 587
Verbs: 125
Adjectives: 99
Adverbs: 19
Numbers: 87
Entities: 147

Complexity

Average Token Length:
4.31
Average Sentence Length:
43.71
Token Entropy:
5.01
Readability (ARI):
24.40

AnalysisAI

General Summary of the Bill

This proposed legislation aims to update existing civil rights laws to include specific protections against religious and antisemitic discrimination. It amends Title VI of the Civil Rights Act of 1964 and the Higher Education Act of 1965. The bill intends to enforce prohibitions against discrimination under federal financial assistance programs and activities, particularly targeting antisemitic harassment within institutions of higher education. The bill also outlines procedures for sanctions against violators, enforces notification systems, and establishes measures for monitoring compliance.

Summary of Significant Issues

A prominent concern in the bill is the broad exemption for religious organizations from the prohibition of religious discrimination, even if they receive federal support. This could allow these organizations to engage in discriminatory practices without repercussions. There is also a concern over the clarity and specificity required in defining "antisemitic discrimination." Without clear definitions, enforcement could be inconsistent, potentially leading to unfair penalties or lack of accountability.

Additionally, the provisions allowing for the Secretary of Education to treat multiple violations as a single infraction could lead to weakened enforcement and reduced accountability for higher education institutions. The complex legal language and potential ambiguities throughout the bill may hinder clear understanding and uniform application, both by the authorities and the institutions subject to the law.

Impact on the Public

The bill could significantly impact how discrimination cases, particularly those involving antisemitism, are handled in educational settings that receive federal funding. By specifically acknowledging antisemitism and extending the prohibition of discrimination to include religion, the bill aims to ensure a more inclusive and safe educational environment for all students.

However, the broad exemption for religious organizations could lead to situations where discrimination on religious grounds persists, potentially affecting the inclusivity for individuals engaging with these organizations. The complexity imbued in legal language could also make it challenging for the general public to understand their rights under this law, arguably limiting its effectiveness.

Impact on Specific Stakeholders

Religious Organizations: These organizations stand to benefit from an exemption that allows them to receive federal funding without being held to the same standard of non-discrimination as secular groups. However, this could result in backlash or scrutiny over perceived preferential treatment.

Higher Education Institutions: The institutions could face scrutiny over how they handle anti-discrimination policies. The potential for substantial fines and mandated public notifications of violations could prompt these institutions to strengthen their policies and practices proactively. On the downside, the lack of clarity around definitions and enforcement could result in inconsistent application of penalties and standards across various campuses.

Students and Faculty: Those experiencing antisemitic or religious discrimination might benefit from the bill's focus on responsive and rigorous enforcement. However, ambiguity in definitions or enforcement procedures could lead to varied levels of protection or redress, depending on institutional interpretation and adherence to the law.

Legal and Educational Authorities: The complexity and ambiguity in the legal text may pose challenges for the authorities responsible for interpreting and enforcing the bill. Ensuring consistent application across diverse scenarios might require additional guidelines or regulatory frameworks to clarify the bill’s implementation. This need for clarity imposes an extra layer of responsibility on educational and legal bodies to fully comprehend and apply these legislative changes.

Issues

  • The exemption for religious organizations in Section 607 might be too broad, potentially allowing these organizations to engage in discriminatory practices while receiving federal financial assistance, raising both legal and ethical concerns (Section 2).

  • The lack of specificity and clarity in defining 'antisemitic discrimination' and enforcement procedures in the amendment to the Higher Education Act of 1965 may lead to inconsistent application and sanctions (Section 3).

  • Ambiguous language regarding 'controlled by' and 'otherwise affiliated with' could lead to varying interpretations about affiliation with religious organizations, which might result in unfair exemptions (Section 607).

  • The provision that allows the Secretary to treat multiple violations as a single violation under certain conditions could lead to inconsistent sanction application and potentially undermine enforcement (Section 3).

  • Potential ambiguity in the definition of 'harassment' involving antisemitism might lead to inconsistent enforcement across educational institutions, impacting victims' rights (Section 2).

  • The complex legal language and lack of clear criteria for appointing a monitor and imposing sanctions make the bill difficult to navigate for those without legal expertise, potentially leading to unfair enforcement (Sections 4 and 608).

  • The policy in Section 2 intended to address antisemitism may require clearer guidelines to ensure it is enforced as vigorously as other forms of discrimination, ensuring equal treatment under the law (Section 2).

  • The lack of detailed procedures for notifying students, faculty, and staff about violations under Section 3 could result in inconsistent communication and awareness, affecting the parties involved (Section 3).

  • The provision allowing a monitor to review and report without specifying who will bear the cost could lead to unnecessary financial burdens, highlighting the need for a clear allocation of expenses (Section 608).

  • Complexity and potential vagueness in the language of the severability clause might lead to misunderstandings regarding the implications of certain sections being declared unconstitutional (Section 6).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section states that the official name of the law is the “Preventing Antisemitic Harassment on Campus Act of 2025.”

2. Prohibition of discrimination on the ground of religion Read Opens in new tab

Summary AI

The text introduces amendments to the Civil Rights Act of 1964 to prohibit discrimination based on religion, but it allows religious organizations to continue practices aligned with their beliefs. It also emphasizes the U.S. policy to treat antisemitism as seriously as other discrimination forms, defining antisemitism as hostility against Jews, including harmful actions against them or their institutions.

607. Non-application of prohibition of discrimination on the ground of religion to religious organizations Read Opens in new tab

Summary AI

This section states that the rule against religious discrimination does not apply to programs controlled by or linked to religious organizations, even if they receive federal funding. This includes any student religious organizations.

3. Amendment to the Higher Education Act of 1965 Read Opens in new tab

Summary AI

The amendment to the Higher Education Act of 1965 introduces sanctions for institutions of higher education that are found in violation of anti-discrimination laws regarding antisemitism. If an institution repeatedly violates these laws, fines will be imposed based on the severity and recurrence of the offense, and they must notify students, faculty, and staff of such violations.

124. Sanctions for noncompliance with title VI Read Opens in new tab

Summary AI

Under SEC. 124, an institution of higher education that receives federal financial aid and is found to discriminate antisemitically under title VI of the Civil Rights Act of 1964 will face fines if violations recur. The sanctions involve increasing fines for repeated offenses within a five-year period, while monitoring such violations and notifying students, faculty, and staff. The Secretary of Education also submits reports on these actions to relevant congressional committees.

4. Amendments to Civil Rights Act of 1964 Read Opens in new tab

Summary AI

The section adds a new part to the Civil Rights Act of 1964, stating that when federal departments, agencies, or courts are checking if someone is following anti-discrimination rules, they should think about how that person works to prevent and fix discrimination. Additionally, if someone is found not complying, a court can appoint a monitor to ensure they correct the problem.

608. Factors in determination of noncompliance; monitor Read Opens in new tab

Summary AI

The section explains that when deciding if a person is following certain rules against discrimination, federal departments, agencies, and courts should consider how well the person works to prevent and address discrimination. If someone is found to have violated these rules, a court may assign a monitor to check on how solutions to the violation are carried out.

5. Rules of construction Read Opens in new tab

Summary AI

The section outlines rules that clarify what the Act does not do, ensuring that it doesn't increase the authority of the Secretary of Education, infringe on existing legal rights, imply changes to existing protections against antisemitism, or conflict with First Amendment rights.

6. Severability Read Opens in new tab

Summary AI

If any part of this law, or changes it makes, is found to be unconstitutional for a specific situation, the rest of the law and its changes will still stay in effect for other situations and people.