[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6090 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 6090
_______________________________________________________________________
AN ACT
To provide for the consideration of a definition of antisemitism set
forth by the International Holocaust Remembrance Alliance for the
enforcement of Federal antidiscrimination laws concerning education
programs or activities, and for other purposes.
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
2023''.
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''--
(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.
Passed the House of Representatives May 1, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 6090
_______________________________________________________________________
AN ACT
To provide for the consideration of a definition of antisemitism set
forth by the International Holocaust Remembrance Alliance for the
enforcement of Federal antidiscrimination laws concerning education
programs or activities, and for other purposes.