II
118th CONGRESS
1st Session
S. 3141
IN THE SENATE OF THE UNITED STATES
October 26, 2023
Mrs. Britt (for Mr. Scott of South Carolina (for himself, Mr. Ricketts, Mrs. Britt, Mr. Hawley, Mr. Scott of Florida, and Mr. Boozman)) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
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.
Short title
This Act may be cited as the Antisemitism Awareness Act of 2023
.
Sense of Congress
It is the sense of Congress that—
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;
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;
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;
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
as noted in the U.S. National Strategy to Counter Antisemitism issued by the White House on May 25, 2023, it is critical to—
increase awareness and understanding of antisemitism, including its threat to America;
improve safety and security for Jewish communities;
reverse the normalization of antisemitism and counter antisemitic discrimination; and
expand communication and collaboration between communities.
Findings
Congress finds the following:
Antisemitism is on the rise in the United States and is impacting Jewish students in K–12 schools, colleges, and universities.
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.
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.
Since 2018, the Department of Education has used the IHRA Working Definition of Antisemitism when investigating violations of that title VI.
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.
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.
Definitions
For purposes of this Act, the term definition of antisemitism—
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
includes the [c]ontemporary examples of antisemitism
identified in the IHRA definition.
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.
Other rules of construction
General rule of construction
Nothing in this Act shall be construed—
to expand the authority of the Secretary of Education;
to alter the standards pursuant to which the Department of Education makes a determination that harassing conduct amounts to actionable discrimination; or
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.
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.