[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[Senate]
[Pages S6649-S6650]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ANTI-SEMITISM AWARENESS ACT OF 2016

  Mr. SCOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 10, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 10) to provide for the consideration of a 
     definition of anti-Semitism for the enforcement of Federal 
     antidiscrimination laws concerning education programs or 
     activities.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CASEY. Mr. President, I rise today, along with my colleague from 
South Carolina, to talk about a bill we have introduced entitled the 
``Anti-Semitism Awareness Act of 2016.''
  Let me say first that I wish we were living in a time where we would 
not have to introduce legislation like this, but unfortunately what we 
have seen over a long period of time--and I think a problem that is 
getting worse--is the rising tide of anti-Semitism in substantial 
sectors of our society. We have, in fact, a rise in the incidence of 
religious discrimination and religiously motivated hate crimes. To say 
that is unacceptable, even un-American, is an understatement.
  We have to take action at long last to do what we can in the U.S. 
Senate, and I hope in the House as well, to not just speak out against 
anti-Semitism but to take action which will lead to a better strategy 
to deal with it. What do I mean by that? Well, it is simple. It is 
about definitions, and it is about making sure that Federal agencies, 
such as the Department of Education, do their job when it comes to 
combating anti-Semitism. We know that one piece of legislation is not 
somehow going to magically eradicate anti-Semitism. We don't have that 
naive hope. But what we do believe is that if we don't take action, 
this problem is only going to get worse.
  Some of the problem, frankly, is on our college campuses, and I know 
that is true, unfortunately and regrettably, in my home State of 
Pennsylvania. We don't have time to list every incident, every action, 
every terrible example of this, but I will just provide one for the 
record.
  In September, students at Swarthmore College in Pennsylvania--one of 
our great institutions of higher education not only in Pennsylvania but 
across the country--Swarthmore is a great school, but here is what they 
found. They found swastikas spray-painted in a bathroom in the library. 
The college leadership did the right thing in swiftly condemning these 
actions and removing the graffiti, and I am glad they did that.
  I can only try to imagine--and I can literally only try to understand 
because I have never been the victim of this kind of hate--the horror 
that was experienced by those students and their families. A person 
comes to a college or a university as a place where they are going to 
learn and grow and live in a community, and then there are people--for 
whatever reason, and I will never understand the reason anyone would do 
that--painting those images and using language and taking other actions 
that discriminate against people because of who they are. We have to be 
not just concerned about this, as I said, but we have to figure out a 
way to take action.
  This particular piece of legislation is aimed at a terrible 
manifestation of this problem. When anti-Semitic views lead to 
discrimination against students of Jewish faith or Jewish ancestry, 
that is the result, and they are the victims of this. The intent here 
is simple and narrowly circumscribed to make sure we are getting at the 
problem as best we can to define anti-Semitism at long last--this 
hasn't been done before--to define anti-Semitism so that the Department 
of Education can effectively investigate allegations of discrimination 
motivated by anti-Semitism under the Civil Rights Act. The bill does 
not infringe on the First Amendment. It does not infringe on those 
rights of free speech. It is intended to help protect students from 
discrimination on the basis of their faith.
  We all agree that religious discrimination has no place on campuses, 
has no place in our society, and we have to do more than just speak out 
against it. That is fundamental, but we can do more than just speak 
out; we can define it and thereby give in this case one Federal 
Government agency one tool it needs to deal with this issue. This is a 
bill which is timely not only because of what is happening on college 
campuses but unfortunately what has happened in too many parts of our 
society. We want to make sure the Department of Education has at least 
one of those tools to deal with this problem.
  Because of the nature of this problem, we have people on both sides 
of the aisle here who are very concerned about it. I am particularly 
grateful that I am joined by my colleague from South Carolina, Senator 
Scott, who is joining with me. We are a Democrat and a Republican from 
different parts of the country and a different point of view on a lot 
of issues. On this issue we are unified, and we have a solidarity about 
not just the problem, but there is a solidarity and a consensus about 
one of the things we can do to take action on this issue.
  I am grateful to be joined by my colleague from South Carolina.
  I yield the floor to him.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. SCOTT. Mr. President, I thank Senator Casey for joining me on the 
floor.
  There is no question that much of our country yearns for a day when 
Republicans and Democrats come together on issues that impact who we 
are as a nation. I am thankful that Senator Casey has joined me in this 
objective of making sure hate is pushed out of this Nation every single 
day.
  Today I come to speak about an alarming issue--the issue of hate. It 
truly tears at the very fabric of our great Nation and should inspire 
all of us to stand up and be counted on the side of justice, on the 
side of common sense, and on the side of making sure this great 
American family remains one Nation.
  Over the past several years, there has been a sharp rise in 
religiously motivated hate crimes, particularly on our college and 
university campuses all over America. According to the FBI, close to 60 
percent of these crimes were due to anti-Jewish sentiments. From 2014 
to 2015, we saw the number of reported incidents double. Let me say 
that one more time. In a year, we saw a doubling of the incidence of 
religious discrimination on college campuses, and the vast majority of 
those issues and situations focused on the Jewish community. There were 
90 anti-Jewish incidents reported at 60 schools last year, compared 
with 47 incidents on 43 campuses just the year before. These numbers 
are staggering.
  Senator Casey noted that there have been college campuses and 
buildings on college campuses where we have seen swastikas. We have 
heard protests that call for Zionists to leave the school, and we have 
heard references being made to burning in Auschwitz. I am stunned and 
saddened by the careless and hateful reminders of such an incredibly 
dark and daunting time in our world's history, but I also feel 
empowered and committed to taking a stand against hate. No one, not a 
single person should ever have to experience being singled out because 
of who they are or attacked based on the religion they choose to 
follow. There is simply no place in our country for this kind of 
intolerance, especially not in our country, the greatest country on 
Earth.
  As citizens of this great Nation, it falls on us to stand up and do 
more to protect our students from being targeted by any form of hate 
and bigotry.

[[Page S6650]]

It is important that we work together to stamp out anti-Semitism and 
other forms of religious discrimination. Our students should be able to 
go to school, to grow, to learn, and to develop without having to worry 
about being discriminated against. Although the Department of 
Education's Office of Civil Rights has stated that they will not 
tolerate incidents such as these, there exists a lack of firm guidance 
on what constitutes anti-Semitic acts. That is why Senator Casey and I 
stand before you today to introduce the bipartisan Anti-Semitism 
Awareness Act. We have come together to ensure that the U.S. Department 
of Education has the necessary tools at their disposal to investigate 
anti-Jewish discrimination.

  Our proposed legislation uses the very definition of anti-Semitism 
adopted by the U.S. State Department's Special Envoy to monitor and 
combat anti-Semitism. This important clarification will provide 
necessary direction to assist officials and administrators to 
understand when anti-Semitic activities are occurring. By clarifying 
exactly what anti-Semitism is, we will leave no question as to what 
constitutes an illegal anti-Semitic incident.
  As we seek to tackle this concerning issue, it is important to note 
that this act will in no way infringe on any individual right protected 
under the First Amendment of the Constitution. I think we have to 
emphasize that. Our legislation in no way, shape, or form infringes 
upon any individual rights protected under the First Amendment of the 
Constitution. It simply and specifically provides clarity on the 
definition that the Department of Education can and will use for 
defining anti-Semitic acts.
  We must act now. This increase in religiously motivated hate crimes 
must be addressed. It must be addressed by the entire American family, 
and it ought to start here. We will come together because we will not 
allow others to tear us apart. We must hold to the ideals that our 
Nation was founded on and promote freedom of religion. We must protect 
that freedom and encourage it. We must--as a Nation, as an American 
family--call out hate wherever and whenever we see it.
  I thank Senator Casey for his involvement and leadership on such an 
important issue.
  I yield the floor.
  Mr. PORTMAN. Mr. President, I would like to thank Senators Scott and 
Casey for their work on the antidiscrimination legislation, 
particularly as it relates to anti-Semitism. I support them in that 
effort and look forward to getting something done in Congress to help 
address the definition of anti-Semitism for the Department of 
Education.
  Mr. SCOTT. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed and the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 10) was ordered to be engrossed for a third reading, was 
read the third time, and passed, as follows:

                                 S. 10

       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 ``Anti-Semitism Awareness Act 
     of 2016''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Title VI of the Civil Rights Act of 1964 (referred to 
     in the section as ``title VI'') is one of the principal 
     antidiscrimination statutes enforced by the Department of 
     Education's Office for Civil Rights.
       (2) Title VI prohibits discrimination on the basis of race, 
     color, or national origin.
       (3) Both the Department of Justice and the Department of 
     Education have properly concluded that title VI prohibits 
     discrimination against Jews, Muslims, Sikhs, and members of 
     other religious groups when the discrimination is based on 
     the group's actual or perceived shared ancestry or ethnic 
     characteristics or when the discrimination is based on actual 
     or perceived citizenship or residence in a country whose 
     residents share a dominant religion or a distinct religious 
     identity.
       (4) A September 8, 2010 letter from Assistant Attorney 
     General Thomas E. Perez to Assistant Secretary for Civil 
     Rights Russlynn H. Ali stated that ``[a]lthough Title VI does 
     not prohibit discrimination on the basis of religion, 
     discrimination against Jews, Muslims, Sikhs, and members of 
     other groups violates Title VI when that discrimination is 
     based on the group's actual or perceived shared ancestry or 
     ethnic characteristics''.
       (5) To assist State and local educational agencies and 
     schools in their efforts to comply with Federal law, the 
     Department of Education periodically issues Dear Colleague 
     letters. On a number of occasions, these letters set forth 
     the Department of Education's interpretation of the statutory 
     and regulatory obligations of schools under title VI.
       (6) On September 13, 2004, the Department of Education 
     issued a Dear Colleague letter regarding the obligations of 
     schools (including colleges) under title VI to address 
     incidents involving religious discrimination. The 2004 letter 
     specifically notes that ``since the attacks of September 11, 
     2001, OCR has received complaints of race or national origin 
     harassment commingled with aspects of religious 
     discrimination against Arab Muslim, Sikh, and Jewish 
     students.''.
       (7) An October 26, 2010 Dear Colleague letter issued by the 
     Department of Education stated, ``While Title VI does not 
     cover discrimination based solely on religion, groups that 
     face discrimination on the basis of actual or perceived 
     shared ancestry or ethnic characteristics may not be denied 
     protection under Title VI on the ground that they also share 
     a common faith. These principles apply not just to Jewish 
     students, but also to students from any discrete religious 
     group that shares, or is perceived to share, ancestry or 
     ethnic characteristics (e.g., Muslims or Sikhs).''.
       (8) Anti-Semitism remains a persistent, disturbing problem 
     in elementary and secondary schools and on college campuses.
       (9) Jewish students are being threatened, harassed, or 
     intimidated in their schools (including on their campuses) on 
     the basis of their shared ancestry or ethnic characteristics 
     including through harassing conduct that creates a hostile 
     environment so severe, pervasive, or persistent so as to 
     interfere with or limit some students' ability to participate 
     in or benefit from the services, activities, or opportunities 
     offered by schools.
       (10) The 2010 Dear Colleague letter cautioned schools that 
     they ``must take prompt and effective steps reasonably 
     calculated to end the harassment, eliminate any hostile 
     environment, and its effects, and prevent the harassment from 
     recurring,'' but did not provide guidance on current 
     manifestation of anti-Semitism, including discriminatory 
     anti-Semitic conduct that is couched as anti-Israel or anti-
     Zionist.
       (11) The definition and examples referred to in paragraphs 
     (1) and (2) of section 3 have been valuable tools to help 
     identify contemporary manifestations of anti-Semitism, and 
     include useful examples of discriminatory anti-Israel conduct 
     that crosses the line into anti-Semitism.
       (12) Awareness of this definition of anti-Semitism will 
     increase understanding of the parameters of contemporary 
     anti-Jewish conduct and will assist the Department of 
     Education in determining whether an investigation of anti-
     Semitism under title VI is warranted.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the term ``definition of anti-
     Semitism''--
       (1) includes the definition of anti-Semitism set forth by 
     the Special Envoy to Monitor and Combat Anti-Semitism of the 
     Department of State in the Fact Sheet issued on June 8, 2010, 
     as adapted from the Working Definition of Anti-Semitism of 
     the European Monitoring Center on Racism and Xenophobia (now 
     known as the European Union Agency for Fundamental Rights); 
     and
       (2) includes the examples set forth under the headings 
     ``Contemporary Examples of Anti-Semitism'' and ``What is 
     Anti-Semitism Relative to Israel?'' of the Fact Sheet.

     SEC. 4. 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 anti-Semitism as part of the Department's 
     assessment of whether the alleged practice was motivated by 
     anti-Semitic intent.

     SEC. 5. CONSTITUTIONAL PROTECTIONS.

       Nothing in this Act, or an amendment made by this Act, 
     shall be construed to diminish or infringe upon any right 
     protected under the First Amendment to the Constitution of 
     the United States.

  Mr. SCOTT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. TESTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________