Antisemitism Awareness Act
House passes AntiSemitism Awareness Act Wednesday in bipartisan effort to help the Department of Education and college campuses address rising antisemitism.
“ 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.” The bill reads-
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
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.
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
The ACLU stood in opposition
Dear Representative:
The American Civil Liberties Union strongly urges you to oppose H.R. 6090, the Anti- Semitism Awareness Act. Federal law already prohibits antisemitic discrimination and harassment by federally funded entities. H.R. 6090 is therefore not needed to protect against antisemitic discrimination; instead, it would likely chill free speech of students on collegw campuses by incorrectly equating criticism of the Israeli government with antisemitism . The ACLU will score this vote. This bill directs the Department of Education to take the International Holocaust
Remembrance Alliance (IHRA)’s working definition of “antisemitism” into consideration when determining whether alleged harassment was motivated by antisemitic intent and violates Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance, including in higher education. The federal government itself has interpreted Title VI to prohibit harassment or discrimination against Jews, Hindus, Muslims, and Sikhs as well as others when that discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics. These existing protections are critically important, particularly in the current environment.
The IHRA working definition, however, is overbroad. It equates protected political speech with unprotected discrimination, and enshrining it into regulation would chill the exercise of First Amendment rights and risk undermining the Department of Education’s legitimate and important efforts to combat discrimination. Criticism of Israel and its policies is political speech, squarely protected by the First Amendment. But the IHRA working definition declares that “denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor,” “drawing comparisons of contemporary Israeli policy to that of the Nazis,” and “applying double standards by requiring of [Israel] a behavior not expected or demanded of any other democratic nation” are all examples of antisemitism.2
Speech that is critical of Israel or any other government cannot, alone, constitute harassment. Although this bill does not change the definition of harassment, it does directthe Department of Education to consider protected speech in determining whether anyactionable harassment under Title VI, including allegations that the school is responsible for a “hostile environment,” was motivated by antisemitism. A determination of violation may ultimately lead to cuts to school funding….
How will the Senate Vote?
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