Us Congress 2023-2024 Regular Session

Us Congress House Bill HB6090 Compare Versions

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Old	New		Differences
	1	+	I
1	2		118THCONGRESS
2		-	2
3		-	DSESSION H. R. 6090
4		-	AN ACT
	3	+	1
	4	+	STSESSION H. R. 6090
	5	+	To provide for the consideration of a definition of antisemitism set forth
	6	+	by the International Holocaust Remembrance Alliance for the enforce-
	7	+	ment of Federal antidiscrimination laws concerning education programs
	8	+	or activities, and for other purposes.
	9	+	IN THE HOUSE OF REPRESENTATIVES
	10	+	OCTOBER26, 2023
	11	+	Mr. L
	12	+	AWLER(for himself, Mr. GOTTHEIMER, Mr. MILLERof Ohio, Mr.
	13	+	M
	14	+	OSKOWITZ, Mr. KEANof New Jersey, Ms. JACKSONLEE, Mr.
	15	+	F
	16	+	ITZPATRICK, Ms. STEFANIK, Mr. KUSTOFF, Mr. NORCROSS, and Ms.
	17	+	B
	18	+	ROWN) introduced the following bill; which was referred to the Com-
	19	+	mittee on the Judiciary
	20	+	A BILL
5	21		To provide for the consideration of a definition of anti-
6	22		semitism set forth by the International Holocaust Re-
7	23		membrance Alliance for the enforcement of Federal anti-
8	24		discrimination laws concerning education programs or
9	25		activities, and for other purposes.
10	26		Be it enacted by the Senate and House of Representa-1
11		-	tives of the United States of America in Congress assembled, 2 2
12		-	•HR 6090 EH
13		-	SECTION 1. SHORT TITLE. 1
14		-	This Act may be cited as the ‘‘Antisemitism Aware-2
15		-	ness Act of 2023’’. 3
16		-	SEC. 2. SENSE OF CONGRESS. 4
17		-	It is the sense of Congress that— 5
18		-	(1) title VI of the Civil Rights Act of 1964 (42 6
19		-	U.S.C. 2000d et seq.), prohibits discrimination on 7
20		-	the basis of race, color, and national origin in pro-8
21		-	grams and activities receiving Federal financial as-9
22		-	sistance; 10
23		-	(2) while such title does not cover discrimina-11
24		-	tion based solely on religion, individuals who face 12
25		-	discrimination based on actual or perceived shared 13
26		-	ancestry or ethnic characteristics do not lose protec-14
27		-	tion under such title for also being members of a 15
28		-	group that share a common religion; 16
29		-	(3) discrimination against Jews may give rise to 17
30		-	a violation of such title when the discrimination is 18
31		-	based on race, color, or national origin, which can 19
32		-	include discrimination based on actual or perceived 20
33		-	shared ancestry or ethnic characteristics; 21
34		-	(4) it is the policy of the United States to en-22
35		-	force such title against prohibited forms of discrimi-23
36		-	nation rooted in antisemitism as vigorously as 24
37		-	against all other forms of discrimination prohibited 25
38		-	by such title; and 26 3
39		-	•HR 6090 EH
40		-	(5) as noted in the U.S. National Strategy to 1
41		-	Counter Antisemitism issued by the White House on 2
42		-	May 25, 2023, it is critical to— 3
43		-	(A) increase awareness and understanding 4
44		-	of antisemitism, including its threat to America; 5
45		-	(B) improve safety and security for Jewish 6
46		-	communities; 7
47		-	(C) reverse the normalization of anti-8
48		-	semitism and counter antisemitic discrimina-9
49		-	tion; and 10
50		-	(D) expand communication and collabora-11
51		-	tion between communities. 12
52		-	SEC. 3. FINDINGS. 13
53		-	Congress finds the following: 14
54		-	(1) Antisemitism is on the rise in the United 15
55		-	States and is impacting Jewish students in K–12 16
56		-	schools, colleges, and universities. 17
57		-	(2) The International Holocaust Remembrance 18
58		-	Alliance (referred to in this Act as the ‘‘IHRA’’) 19
59		-	Working Definition of Antisemitism is a vital tool 20
60		-	which helps individuals understand and identify the 21
61		-	various manifestations of antisemitism. 22
62		-	(3) On December 11, 2019, Executive Order 23
63		-	13899 extended protections against discrimination 24
64		-	under the Civil Rights Act of 1964 to individuals 25 4
65		-	•HR 6090 EH
66		-	subjected to antisemitism on college and university 1
67		-	campuses and tasked Federal agencies to consider 2
68		-	the IHRA Working Definition of Antisemitism when 3
69		-	enforcing title VI of such Act. 4
70		-	(4) Since 2018, the Department of Education 5
71		-	has used the IHRA Working Definition of Anti-6
72		-	semitism when investigating violations of that title 7
73		-	VI. 8
74		-	(5) The use of alternative definitions of anti-9
75		-	semitism impairs enforcement efforts by adding mul-10
76		-	tiple standards and may fail to identify many of the 11
77		-	modern manifestations of antisemitism. 12
78		-	(6) The White House released the first-ever 13
79		-	United States National Strategy to Counter Anti-14
80		-	semitism on May 25, 2023, making clear that the 15
81		-	fight against this hate is a national, bipartisan pri-16
82		-	ority that must be successfully conducted through a 17
83		-	whole-of-government-and-society approach. 18
84		-	SEC. 4. DEFINITIONS. 19
85		-	For purposes of this Act, the term ‘‘definition of anti-20
86		-	semitism’’— 21
87		-	(1) means the definition of antisemitism adopt-22
88		-	ed on May 26, 2016, by the IHRA, of which the 23
89		-	United States is a member, which definition has 24
90		-	been adopted by the Department of State; and 25 5
91		-	•HR 6090 EH
92		-	(2) includes the ‘‘[c]ontemporary examples of 1
93		-	antisemitism’’ identified in the IHRA definition. 2
94		-	SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE 3
95		-	CIVIL RIGHTS ACT OF 1964. 4
96		-	In reviewing, investigating, or deciding whether there 5
97		-	has been a violation of title VI of the Civil Rights Act 6
98		-	of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, 7
99		-	color, or national origin, based on an individual’s actual 8
100		-	or perceived shared Jewish ancestry or Jewish ethnic char-9
101		-	acteristics, the Department of Education shall take into 10
102		-	consideration the definition of antisemitism as part of the 11
103		-	Department’s assessment of whether the practice was mo-12
104		-	tivated by antisemitic intent. 13
105		-	SEC. 6. OTHER RULES OF CONSTRUCTION. 14
	27	+	tives of the United States of America in Congress assembled, 2
	28	+	SECTION 1. SHORT TITLE. 3
	29	+	This Act may be cited as the ‘‘Antisemitism Aware-4
	30	+	ness Act of 2023’’. 5
	31	+	VerDate Sep 11 2014 17:30 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090
	32	+	ssavage on DSKBC07HB2PROD with BILLS 2
	33	+	•HR 6090 IH
	34	+	SEC. 2. SENSE OF CONGRESS. 1
	35	+	It is the sense of Congress that— 2
	36	+	(1) title VI of the Civil Rights Act of 1964 (42 3
	37	+	U.S.C. 2000d et seq.), prohibits discrimination on 4
	38	+	the basis of race, color, and national origin in pro-5
	39	+	grams and activities receiving Federal financial as-6
	40	+	sistance; 7
	41	+	(2) while such title does not cover discrimina-8
	42	+	tion based solely on religion, individuals who face 9
	43	+	discrimination based on actual or perceived shared 10
	44	+	ancestry or ethnic characteristics do not lose protec-11
	45	+	tion under such title for also being members of a 12
	46	+	group that share a common religion; 13
	47	+	(3) discrimination against Jews may give rise to 14
	48	+	a violation of such title when the discrimination is 15
	49	+	based on race, color, or national origin, which can 16
	50	+	include discrimination based on actual or perceived 17
	51	+	shared ancestry or ethnic characteristics; 18
	52	+	(4) it is the policy of the United States to en-19
	53	+	force such title against prohibited forms of discrimi-20
	54	+	nation rooted in antisemitism as vigorously as 21
	55	+	against all other forms of discrimination prohibited 22
	56	+	by such title; and 23
	57	+	(5) as noted in the U.S. National Strategy to 24
	58	+	Counter Antisemitism issued by the White House on 25
	59	+	May 25, 2023, it is critical to— 26
	60	+	VerDate Sep 11 2014 17:30 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090
	61	+	ssavage on DSKBC07HB2PROD with BILLS 3
	62	+	•HR 6090 IH
	63	+	(A) increase awareness and understanding 1
	64	+	of antisemitism, including its threat to America; 2
	65	+	(B) improve safety and security for Jewish 3
	66	+	communities; 4
	67	+	(C) reverse the normalization of anti-5
	68	+	semitism and counter antisemitic discrimina-6
	69	+	tion; and 7
	70	+	(D) expand communication and collabora-8
	71	+	tion between communities. 9
	72	+	SEC. 3. FINDINGS. 10
	73	+	Congress finds the following: 11
	74	+	(1) Antisemitism is on the rise in the United 12
	75	+	States and is impacting Jewish students in K–12 13
	76	+	schools, colleges, and universities. 14
	77	+	(2) The International Holocaust Remembrance 15
	78	+	Alliance (referred to in this Act as the ‘‘IHRA’’) 16
	79	+	Working Definition of Antisemitism is a vital tool 17
	80	+	which helps individuals understand and identify the 18
	81	+	various manifestations of antisemitism. 19
	82	+	(3) On December 11, 2019, Executive Order 20
	83	+	13899 extended protections against discrimination 21
	84	+	under the Civil Rights Act of 1964 to individuals 22
	85	+	subjected to antisemitism on college and university 23
	86	+	campuses and tasked Federal agencies to consider 24
	87	+	VerDate Sep 11 2014 17:30 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090
	88	+	ssavage on DSKBC07HB2PROD with BILLS 4
	89	+	•HR 6090 IH
	90	+	the IHRA Working Definition of Antisemitism when 1
	91	+	enforcing title VI of such Act. 2
	92	+	(4) Since 2018, the Department of Education 3
	93	+	has used the IHRA Working Definition of Anti-4
	94	+	semitism when investigating violations of that title 5
	95	+	VI. 6
	96	+	(5) The use of alternative definitions of anti-7
	97	+	semitism impairs enforcement efforts by adding mul-8
	98	+	tiple standards and may fail to identify many of the 9
	99	+	modern manifestations of antisemitism. 10
	100	+	(6) The White House released the first-ever 11
	101	+	United States National Strategy to Counter Anti-12
	102	+	semitism on May 25, 2023, making clear that the 13
	103	+	fight against this hate is a national, bipartisan pri-14
	104	+	ority that must be successfully conducted through a 15
	105	+	whole-of-government-and-society approach. 16
	106	+	SEC. 4. DEFINITIONS. 17
	107	+	For purposes of this Act, the term ‘‘definition of anti-18
	108	+	semitism’’— 19
	109	+	(1) means the definition of antisemitism adopt-20
	110	+	ed on May 26, 2016, by the IHRA, of which the 21
	111	+	United States is a member, which definition has 22
	112	+	been adopted by the Department of State; and 23
	113	+	(2) includes the ‘‘[c]ontemporary examples of 24
	114	+	antisemitism’’ identified in the IHRA definition. 25
	115	+	VerDate Sep 11 2014 17:30 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090
	116	+	ssavage on DSKBC07HB2PROD with BILLS 5
	117	+	•HR 6090 IH
	118	+	SEC. 5. RULE OF CONSTRUCTION FOR TITLE VI OF THE 1
	119	+	CIVIL RIGHTS ACT OF 1964. 2
	120	+	In reviewing, investigating, or deciding whether there 3
	121	+	has been a violation of title VI of the Civil Rights Act 4
	122	+	of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, 5
	123	+	color, or national origin, based on an individual’s actual 6
	124	+	or perceived shared Jewish ancestry or Jewish ethnic char-7
	125	+	acteristics, the Department of Education shall take into 8
	126	+	consideration the definition of antisemitism as part of the 9
	127	+	Department’s assessment of whether the practice was mo-10
	128	+	tivated by antisemitic intent. 11
	129	+	SEC. 6. OTHER RULES OF CONSTRUCTION. 12
106	130		(a) G
107		-	ENERALRULE OFCONSTRUCTION.—Nothing in 15
108		-	this Act shall be construed— 16
109		-	(1) to expand the authority of the Secretary of 17
110		-	Education; 18
111		-	(2) to alter the standards pursuant to which the 19
112		-	Department of Education makes a determination 20
113		-	that harassing conduct amounts to actionable dis-21
114		-	crimination; or 22
115		-	(3) to diminish or infringe upon the rights pro-23
116		-	tected under any other provision of law that is in ef-24
117		-	fect as of the date of enactment of this Act. 25 6
118		-	•HR 6090 EH
119		-	(b) CONSTITUTIONAL PROTECTIONS.—Nothing in 1
120		-	this Act shall be construed to diminish or infringe upon 2
121		-	any right protected under the First Amendment to the 3
122		-	Constitution of the United States. 4
123		-	Passed the House of Representatives May 1, 2024.
124		-	Attest:
125		-	Clerk. 118
126		-	TH
127		-	CONGRESS
128		-	2
129		-	D
130		-	S
131		-	ESSION
132		-
133		-	H. R. 6090
134		-	AN ACT
135		-	To provide for the consideration of a definition of
136		-	antisemitism set forth by the International Holo-
137		-	caust Remembrance Alliance for the enforcement
138		-	of Federal antidiscrimination laws concerning
139		-	education programs or activities, and for other
140		-	purposes.
	131	+	ENERALRULE OFCONSTRUCTION.—Nothing in 13
	132	+	this Act shall be construed— 14
	133	+	(1) to expand the authority of the Secretary of 15
	134	+	Education; 16
	135	+	(2) to alter the standards pursuant to which the 17
	136	+	Department of Education makes a determination 18
	137	+	that harassing conduct amounts to actionable dis-19
	138	+	crimination; or 20
	139	+	(3) to diminish or infringe upon the rights pro-21
	140	+	tected under any other provision of law that is in ef-22
	141	+	fect as of the date of enactment of this Act. 23
	142	+	(b) C
	143	+	ONSTITUTIONAL PROTECTIONS.—Nothing in 24
	144	+	this Act shall be construed to diminish or infringe upon 25
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	147	+	•HR 6090 IH
	148	+	any right protected under the First Amendment to the 1
	149	+	Constitution of the United States. 2
	150	+	Æ
	151	+	VerDate Sep 11 2014 17:30 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6090.IH H6090
	152	+	ssavage on DSKBC07HB2PROD with BILLS