PROTECT Jewish Student and Faculty Act
- Bill Number
- H.R. 406
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-01-15: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2025-07-21T19:44:15Z
AI-Generated Summary
Purpose
This legislation aims to address antisemitism on college campuses by requiring higher education institutions that receive federal student aid to explicitly prohibit antisemitic conduct in their policies for students and employees. It seeks to protect Jewish students and faculty from harassment or discrimination.
Key Provisions
- Mandatory Policy Inclusion: Institutions must add language to all documents and resources related to student or employee conduct on campus.
- Definition of Antisemitism: The policy must define antisemitism as "a certain perception of Jews, which may be expressed as hatred toward Jews." It further states that rhetorical and physical manifestations of antisemitism can target Jewish or non-Jewish individuals (including their property), as well as Jewish community institutions and religious facilities.
- Prohibition and Consequences: The policy must state that antisemitic conduct is banned on campus, with potential outcomes including expulsion for students and termination of employment for staff.
Significant Changes to Existing Law
- Amends Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) by adding a new subsection (30).
- This is the first federal requirement tying participation in Title IV programs (federal student financial aid) to explicit antisemitism prohibitions in institutional conduct policies, building on existing anti-discrimination rules but specifying antisemitism with a detailed definition.
Potential Impacts
- On Government Agencies: The U.S. Department of Education may need to monitor compliance during eligibility reviews for federal aid, potentially increasing administrative oversight of colleges.
- On Citizens: Jewish students and faculty could benefit from clearer protections against harassment, while all students and employees might face stricter enforcement of conduct rules. Non-compliant institutions risk losing access to federal funding, affecting their operations and student affordability.
- On International Relations: Minimal direct impact, though it aligns U.S. higher education policies with international efforts (e.g., the International Holocaust Remembrance Alliance's definition of antisemitism) to combat global antisemitism.
Main Stakeholders Affected
- Higher Education Institutions: Public and private colleges participating in federal aid programs must update policies, facing compliance costs and potential loss of funding if they fail to do so.
- Students and Faculty: Particularly Jewish individuals, who gain explicit protections; all others may experience changes in campus conduct expectations.
- Federal Government: Agencies like the Department of Education enforce the rules through aid eligibility.
- Advocacy Groups: Organizations focused on Jewish rights or civil liberties may support or challenge implementation.
Notable Legal, Constitutional, or Political Implications
- Legal: Ties compliance to federal funding, allowing the government to withhold aid for violations, similar to other anti-discrimination mandates (e.g., under Title VI of the Civil Rights Act). The adopted definition of antisemitism provides a standardized framework but could lead to disputes over what qualifies as prohibited conduct.
- Constitutional: Raises potential First Amendment concerns regarding free speech on campuses, as institutions must balance prohibiting "rhetorical" antisemitism with protecting expression; courts may review if enforcement chills protected speech.
- Political: Responds to rising reports of campus antisemitism, particularly post-2023 events, and could influence broader debates on hate speech versus free speech in education, with bipartisan sponsorship signaling cross-party concern.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Rep. Scholten, Hillary J. [D-MI-3], Rep. Ciscomani, Juan [R-AZ-6], Rep. Buchanan, Vern [R-FL-16], Rep. Meuser, Daniel [R-PA-9], Rep. Wilson, Joe [R-SC-2], Rep. Stefanik, Elise M. [R-NY-21], Rep. Owens, Burgess [R-UT-4], Rep. Miller, Max L. [R-OH-7]
Recent Actions
- 2025-01-15: Referred to the House Committee on Education and Workforce.
- 2025-01-15: Introduced in House
- 2025-01-15: Introduced in House
Bill Versions
- Promote Restoring Order To End Campus Targeting of Jewish Students and Faculty Act — issued 2025-01-15 — PDF (3 pages)