[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[House]
[Pages H2790-H2797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1315
ANTISEMITISM AWARENESS ACT OF 2023
Mr. McCLINTOCK. Mr. Speaker, pursuant to House Resolution 1173, I
call up the bill (H.R. 6090) 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, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1173, the bill
is considered read.
The text of the bill is as follows:
H.R. 6090
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
[[Page H2791]]
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.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour
equally divided and controlled by the chair and ranking minority member
of the Committee on the Judiciary or their respective designees.
The gentleman from California (Mr. McClintock) and the gentleman from
New York (Mr. Nadler) each will control 30 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 6090.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 6090 is designed to combat the deeply disturbing
trend of anti-Semitic harassment in schools, colleges, and universities
across the country. We are seeing it unfold right now on our television
screens.
Anti-Semitic harassment on these university campuses is,
unfortunately, not a completely new phenomenon. As early as 2005, the
U.S. Commission on Civil Rights warned that campus anti-Semitism had
become a serious problem.
In 2013, a Pew Research Center survey of Jewish Americans found that
experience with anti-Semitism was more prevalent among young adults in
higher education.
In 2014, a Brandeis Center-Trinity College study found that anti-
Semitism was particularly pervasive on college campuses, with 54
percent of Jewish students on 55 campuses having reported that they
experienced or witnessed anti-Semitism during the 2013-2014 academic
year.
In 2021, the Louis Brandeis Center for Human Rights Under Law
conducted a survey of Jewish fraternity and sorority students, finding
that most have felt unsafe at some point while on campus and in virtual
campus settings. These fears are justified. The catalog of anti-Semitic
harassment in America's top institutions of higher learning is there
for everybody to see. Those incidents have increased sharply following
the October 7, 2023, terrorist attacks in Israel perpetrated by Hamas
and its allied groups.
In late October 2023, at Cooper Union in New York, visibly Jewish
students were forced to shelter inside a library as pro-Palestinian
protesters tried to gain entry, banging on doors and windows, with the
purpose of terrifying them.
On October 26, 2023, anti-Israel protesters assaulted multiple Jewish
students at Tulane University in New Orleans.
On November 3, 2023, a Harvard law student and other anti-Israel
protesters physically and verbally attacked a first-year Israeli
student at the Harvard Business School while he pleaded with them to
stop.
From October 7 until mid-January of 2024, the Department of Education
has launched 51 investigations into complaints alleging discrimination
based on actual or perceived shared ancestry in K-12 schools and
colleges and universities.
From January 16, 2024, until today, the Department has launched over
45 investigations into schools and colleges. These investigations
overwhelmingly concern anti-Semitic conduct in these schools.
In fact, on April 23, 2024, the Education Department launched an
investigation into Columbia University, and we all know what is
happening there right now. Hundreds of anti-Israel protesters have
occupied Columbia University's west lawn and erected dozens of tents,
disrupting campus life and creating a hostile environment for
Columbia's Jewish students. Hundreds of pro-Hamas students were
arrested for trespassing after repeated warnings to vacate the area,
only to be released and returned to Columbia.
A rabbi at Columbia's Orthodox Union Jewish Learning Initiative has
advised Jewish students to leave campus because the university has
shown that it cannot keep them safe.
Columbia revoked the campus access of a Jewish professor who has been
critical of school administrators because the university said it
couldn't ensure his safety.
Speaker Johnson, Chairwoman Foxx, and Republican members of the New
York delegation went to Columbia University last week and, while
addressing the campus, were greeted by anti-Israel chants of: ``From
the river to the sea, Palestine will be free.''
What that calls for actually is the eradication of the Jewish people.
We all know that expression is abhorrent in our society and, yet, it is
going on, it seems now, hourly on our college campuses.
Mr. Speaker, enough is enough. The surge in the ancient bigotry of
anti-Semitism over the years, especially since October 7, must not
continue. It is long past time that Congress act to protect Jewish
Americans from the scourge of anti-Semitism on campuses around our
country.
The Antisemitism Awareness Act expresses the sense of Congress that
discrimination against Jews may violate title VI of the Civil Rights
Act of 1964 when it is based on race, color, or national origin, which
can include discrimination based on actual or perceived shared ancestry
or ethnic characteristics.
The bill requires the Department of Education to take into account
the 2016 International Holocaust Remembrance Act's definition of anti-
Semitism as part of its assessment of whether anti-Semitic
discrimination has occurred. The IHRA definition provides a consistent
framework for the Department of Education schools, colleges, and
universities to apply to police anti-Semitic discrimination and
harassment.
The IHRA's definition is widely accepted and a vital tool for
identifying and addressing discriminatory conduct that is motivated by
anti-Semitism. It has been adopted by at least 31 States. This bill is
exactly the type of legislation needed to protect Jewish Americans from
harassment and attacks for simply being who they are.
Mr. Speaker, I urge all Members to support this important bill, and I
reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I devoted much of my life to combating anti-Semitism,
and I am as attuned as anyone to threats and bigotry aimed at Jewish
people. I will take lectures from no one about the need for vigorous
efforts to fight anti-Semitism on campus or anywhere else.
I am also a deeply committed Zionist who firmly believes in Israel's
right to exist as a homeland for the Jewish people. However, as someone
who is also a longtime champion of protecting freedom of speech, I must
oppose this misguided bill.
While there is much in the bill I agree with, its core provision
would put a thumb on the scale in favor of
[[Page H2792]]
one particular definition of anti-Semitism to the exclusion of all
others, to be used when the Department of Education assesses claims of
anti-Semitism on campus.
This definition adopted by the International Holocaust Remembrance
Alliance, or IHRA, includes ``contemporary examples of anti-Semitism.''
The problem is that these examples may include protected speech in some
contexts, particularly with respect to criticism of the State of
Israel.
To be clear, I vehemently disagree with the sentiments toward Israel
expressed in those examples, and too often criticism of Israel does, in
fact, take the form of virulent anti-Semitism.
Many Jewish students no longer feel safe on campus, and some colleges
have not done nearly enough to protect them. However, while this
definition and its examples may have useful applications in certain
contexts, by effectively codifying them into title VI, this bill
threatens to chill constitutionally protected speech. Speech that is
critical of Israel alone does not constitute unlawful discrimination.
By encompassing purely political speech about Israel into title VI's
ambit, the bill sweeps too broadly.
As the ACLU notes, if this legislation were to become law, colleges
and universities that want to avoid title VI investigations or the
potential loss of Federal funding could end up suppressing protected
speech that is criticizing Israel or supporting Palestinians.
Moreover, it could result in students and faculty self-censoring
their political speech. Even the IHRA definition's lead author, Kenneth
Stern, opposes codifying the definition that he wrote, the IHRA
definition, for this reason.
Vigorous enforcement of the Federal civil rights law does not depend
on defining terms like ``anti-Semitism'' or ``racism.'' In fact,
codifying one definition of anti-Semitism to the exclusion of all other
possible definitions could actually undermine Federal civil rights law
because anti-Semitism, like other forms of bigotry, evolves over time,
and future conduct that comes to be widely understood as anti-Semitic
may no longer meet the statutory definition.
Mr. Speaker, we cannot ignore the context in which this legislation
is being rushed to the floor in a cynical attempt to exploit, for
political gain, the deep divisions currently on display at college
campuses across the country.
Much of this activity, whether you agree with the sentiments
expressed at these protests or not, constitutes legally protected
speech and expression. Some participants, shamefully, have exhibited
anti-Semitic conduct, and the Department of Education will rightfully
investigate them, consulting the IHRA definition and other relevant
definitions in the process. They do not need this legislation to help
them with their inquiries.
Some students have even crossed the line into vandalism, destruction
of private property, and willful disruption of campus life. They too
will face legal consequences, and nothing in this bill will affect
that. There is no excuse for bigotry, threats, or violence directed at
anyone, anywhere, and it is imperative that we confront the scourge of
anti-Semitism. Congress can help, but this legislation is not the
answer.
Instead of engaging in political theatrics that do not do anything
concrete to stop anti-Semitism on campus, we need to put our money
where our mouth is. Last year, the Biden administration outlined a
comprehensive national strategy to counter anti-Semitism, the
cornerstone of which was increasing enforcement actions by the Office
of Civil Rights at the Department of Education.
President Biden's budget called for a 27 percent increase in funding
for that office. If my Republican colleagues are serious about fighting
anti-Semitism, they would have fully funded that request. Instead, they
bragged about proposing to slash funding by 25 percent, funding to
enforce the laws against anti-Semitism on campus. They bragged about
proposing to slash funding by 25 percent and ultimately insisted that
funding be kept flat despite the marked increase in anti-Semitism
complaints. If my Republican colleagues are serious about anti-
Semitism, we would be considering legislation to codify the national
strategy today instead of fiddling with definitions.
If my Republican colleagues were serious about anti-Semitism, they
would have spoken up after neo-Nazis in Charlottesville chanted: ``Jews
will not replace us.''
If my Republican colleagues were serious about anti-Semitism, they
would have spoken up when President Trump declared that there were
``very fine people on both sides'' of that rally.
Additionally, just last week, former President Trump downplayed what
happened in Charlottesville, calling it a ``peanut'' compared to recent
campus protests of the Israel-Gaza war, and we heard crickets from the
Republicans.
We hear nothing from our Republican colleagues when some
conservatives repeated anti-Semitic tropes about George Soros or
others.
I say to my Republican friends: For too long, your selective silence
on these matters has been deafening. If you mean what you say here
today and if you believe that the threats and vitriol that Jewish
students face on college campuses is unjust and that combatting anti-
Semitism is more than a convenient talking point in your politically
motivated crusade against institutions of higher education, then I
beseech you: Please move beyond pointless gestures and posturing and
actually help us protect Jewish students. Fully fund the
administration's efforts to counter anti-Semitism and other forms of
discrimination. Our Nation's students deserve no less.
By contrast, this legislation threatens freedom of speech, one of our
most cherished values, while doing nothing to combat anti-Semitism.
Mr. Speaker, for these reasons, I urge Members to oppose the bill,
and I reserve the balance of my time.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. McCLINTOCK. Mr. Speaker, I would suggest the gentleman turn on
his television and watch what is going on right now.
Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr.
Lawler), the author of this bill.
Mr. LAWLER. Mr. Speaker, I respond to my colleague from New York and
his misguided remarks.
In 2018, the gentleman was a cosponsor of the Anti-Semitism Awareness
Act, which adopted the very definition that he just objected to. As a
cosponsor of H.R. 5924, the definition that would be adopted is:
``Anti-Semitism is a certain perception of Jews which may be expressed
as hatred toward Jews. Rhetorical and physical manifestations of anti-
Semitism are directed toward Jewish or non-Jewish individuals and/or
their property, toward Jewish community institutions and religious
facilities.''
He was a cosponsor of that bill.
H.R. 6090, which I introduced, which has 59 cosponsors, adopts the
IHRA working definition and its contemporary examples. The definition
is: ``Anti-Semitism is a certain perception of Jews which may be
expressed as hatred toward Jews. Rhetorical and physical manifestations
of anti-Semitism are directed toward Jewish or non-Jewish individuals
and/or their property, toward Jewish community institutions and
religious facilities.''
It is the same definition, and, yet, now, somehow he is opposed to
it.
Fundamentally, some of my colleagues on the left are allowing
electoral politics to get in the way of doing what is right.
{time} 1330
The gentleman from New York is a graduate of Columbia University, and
yet couldn't muster the courage to take the subway north to stop by and
call out the anti-Semitism that is running rampant at Columbia
University. It is exactly why this bill is necessary today.
Mr. Speaker, I rise in support of my bill, the Antisemitism Awareness
Act, and I thank my colleague, Congressman Josh Gottheimer from New
Jersey, for his courage in leading on this issue.
In every generation, the Jewish people have been scapegoated,
harassed, evicted from their homeland, and murdered. Many of us
remember the Holocaust as the most recent large-scale instance of this,
but it was hardly the first in the Jewish people's long history of
persecution.
Prior to October 7, it may have seemed like we were making progress
[[Page H2793]]
in fighting anti-Semitism, especially in the United States. A prime
example: Jewish students weren't afraid to attend classes on their
college campuses.
And yet today, we hear calls for intifada ring out on school grounds.
We see Jewish students being physically prevented from going to class,
rioters chanting ``death to Israel'' and ``death to America,'' and so
much more.
In the U.S., Jews account for only 2.4 percent of the population, and
globally they make up 0.2 percent of the world's population. The Jewish
people need our support now. They need action now. They need to know
they have a place in our country now.
They cannot fight anti-Semitism alone, and they shouldn't have to
either.
The Antisemitism Awareness Act requires the Department of Education
to use the IHRA working definition of anti-Semitism and its
contemporary examples when enforcing title VI violations of the Civil
Rights Act of 1964.
Codifying a single definition of anti-Semitism will help the
Department of Education and school administrators, who have been
feckless, clearly identify instances of anti-Semitism and protect the
safety of all students, including Jewish students.
Now, some opponents may try to make the argument that this imposes
restrictions on our constitutional right to free speech. It is not
true.
First of all, a constitutional protection is in the bill. It clearly
states: ``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.''
Additionally, speech is already protected under the Civil Rights Act,
but when the speech turns into harassment or other prohibited action
and the action is motivated by anti-Semitism, that is when it becomes
illegal conduct.
Right now, without a clear definition of anti-Semitism, the
Department of Education and college administrators are having trouble
discerning whether conduct is anti-Semitic or not, whether the activity
we are seeing crosses the line to anti-Semitic harassment.
Other opponents to the bill say they would rather see a different
bill tackling this.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. McCLINTOCK. Mr. Speaker, I yield an additional 1 minute to the
gentleman from New York.
Mr. LAWLER. That is no reason, and no ``political cover'' to vote
against another helpful measure.
I ask my colleagues who would prefer other solutions to consider the
good it will do for the Jewish students and, yes, keep pushing for more
change in the future. We need to hold these institutions accountable.
My bill has bipartisan support: 59 cosponsors, dozens of Jewish
advocacy groups, including the ADL, the AJC, and Agudath Israel. It is
absurd to oppose this on the grounds that it somehow limits free
speech.
Calling for death to Jews is not protected speech. It is anti-
Semitic, and the fact that we have some of the highest-ranking Jewish
officials in America refusing to defend the Jewish community because of
politics is a disgrace, it is shameful, and it is pathetic.
Anyone who votes against this bill because they would rather put
political expediency and electoral politics ahead of anything else has
no business being a Member of Congress.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. McCLINTOCK. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from New York.
Mr. LAWLER. Mr. Speaker, never again is now, and we must act. That is
our responsibility.
I would remind everyone, when you cosponsor a bill that accomplishes
the same thing, nothing has changed, and yet now we need to backtrack
all because of politics.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman's remarks are slanderous.
First of all, the bill that I cosponsored 2 years ago was a different
bill. It did not exclude--let me read from this bill: ``The use of
alternative definitions of anti-Semitism impairs enforcement efforts by
adding multiple standards and may fail to identify many of the modern
manifestations of anti-Semitism.''
That is nonsense, and it was not in the bill that was, I think, about
7 or 8 years ago. The two bills are different.
Second, I oppose this bill because it infringes on freedom of speech,
and there are Jewish groups, such as Reconstructionist Judaism, J
Street and T'ruah that oppose this bill for the same reason, and they
are not anti-Semitic. There are Jewish groups that support the bill.
There are Jewish groups that oppose the bill.
I have been a supporter of Israel and of Zionism, and an opponent of
anti-Semitism all my life. I have been active in Zionist organizations
ever since I was in high school, and to say that anyone who votes
against this bill is supporting anti-Semitism is a disgrace.
There are differences of opinion that occur on this floor from time
to time, honest differences. Someone who opposes this bill may think
that it infringes on freedom of speech. Someone who opposes this bill
may note that the author of the IHRA definition that this would
enshrine in law said don't codify it. The author, Kenneth Stern, said
this is a good working definition that may indicate anti-Semitism. So
are the other two, but it should not be codified into law because that
could make, depending on the circumstances, free speech illegal. The
author of the IHRA definition said that.
There may be legitimate differences of opinion between those who
support this bill and those who oppose this bill, but to say that
anyone who opposes this bill supports anti-Semitism is a disgraceful
slander.
Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
Tennessee (Mr. Kustoff).
Mr. KUSTOFF. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I do rise today in support of the Antisemitism Awareness
Act.
We all know that since Hamas' brutal and barbaric attack on Israel on
October 7, 2023, we have seen an absolute explosion of anti-Semitic
attacks and violence now, especially on our college and university
campuses.
There is no doubt that the free exchange of ideas is a crucial pillar
of our freedom, but there is also no doubt that the conversations must
be grounded in truth and respect for one another.
Leadership at institutions of higher learning across our Nation have
allowed these anti-Israel protests and anti-Semitic protests to descend
into absolute chaos.
Ultimately, they have failed to support Jewish students. Such hatred
has no place in our society.
Mr. Speaker, by clearly defining anti-Semitism, the Antisemitism
Awareness Act will help the Department of Education better enforce
Federal anti-discrimination laws.
This bill will, for the first time, codify protection for Jewish
students who are and have been subject to anti-Semitic harassment,
intimidation, and violence. It is imperative that all students feel
safe on their campuses.
As such, I urge this body to pass this critical legislation and do
what university leaders will not do and that is condemn these acts of
hatred and support Jewish students across the country.
I am proud to join my colleague, Mr. Lawler, in supporting this
legislation, and I look forward to voting for it today.
Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentleman from New
Jersey (Mr. Gottheimer).
Mr. GOTTHEIMER. Mr. Speaker, I rise today in support of my bipartisan
bill, the Antisemitism Awareness Act, to ensure that we are standing up
to the Jew hatred that is spreading like wildfire on campuses across
our country. I am proud to lead this legislation with my friend and
fellow Problem Solvers Caucus member, Congressman Mike Lawler from New
York.
As we are voting today in real time, our country's universities are
experiencing a tidal wave of anti-Semitism. Protesters have targeted
Jewish students, haranguing them with awful Jew-hating insults and
cheering on Hamas, a barbaric, foreign terrorist organization that
murdered Americans on October 7 and still hold five living Americans
hostage, including my constituent, Edan Alexander. I met with hostage
families just this morning.
[[Page H2794]]
I saw these protests up close, like many Americans did, at Columbia
earlier this month. I have heard the sickening Jew-hating, anti-Semitic
comments comparing Zionists to Nazis, promising a redux of October 7 a
thousand times over, and calling for ``resistance by any means
necessary'' and intifada revolution. Intifada is used to call for a
violent uprising against Israel and Jewish people.
These protests embolden Hamas, America's enemy and Iranian-backed
terrorist. In fact, they have put out a statement lauding professors as
the leaders of the future. That is what our enemies said about the pro-
Hamas protesters at these universities.
Let me clear up any confusion since I am a huge champion myself of
free speech. This bill protects the First Amendment. It allows
criticism of Israel. I ensured that. It was critical to me. It doesn't
allow calls for the destruction or elimination of the Jewish state, but
it certainly allows criticism of Israel.
Even more, it reminds us that our universities have a title VI
obligation to stamp out harassment on the basis of race, color, or
national origin.
Mr. Speaker, we cannot stand idly by as protesters call for the death
of Jews on college campuses and across the country. This bill will
require the Department of Education to use the International Holocaust
Remembrance Alliance or IHRA definition of anti-Semitism when carrying
out title VI investigations.
IHRA's anti-Semitism definition is the most widely recognized in the
world. It is used by 36 countries. It condemns traditional hatred and
the ugly, modern anti-Semitism that we are seeing on college campuses.
There shouldn't be anything controversial about this bill. As was
mentioned when it was first introduced in 2018, 50 Democrats and
Republicans cosponsored this legislation, including Members who are
still in this body.
Right now, the Department of Education has 137 active title VI
investigations, some of which have been open for years.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentleman from New Jersey.
Mr. GOTTHEIMER. Mr. Speaker, the bill will give investigators a clear
framework to evaluate anti-Semitism and finally hold harassers
accountable.
Don't just take my word for it. Thirty of our Nation's leading Jewish
groups back this bill. Under the last three administrations, the State
Department has used the IHRA definition to monitor anti-Semitism
worldwide. This bill takes a commonsense step to formalize the IHRA
definition for our education systems. Again, three administrations
accepted this definition of anti-Semitism.
When I was at Columbia University last week, I told the
administrators that we need deeds, not words to protect Jewish
students.
Mr. Speaker, I am making the same ask of my colleagues. This bill is
a critical step we can take to stand against hate. I hope my colleagues
on both sides of the aisle will join us in supporting this legislation
and stand strong against anti-Semitism with no excuses, no claims of
commas that they don't like. Standing strong today against hate and
anti-Semitism is what our country should stand for.
{time} 1345
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Molinaro).
Mr. MOLINARO. Mr. Speaker, I would never question those who oppose
this legislation's beliefs, their ideology, their religious faith. I
do, however, question the motive.
We are in a moment of choosing, and there are not two legitimate
sides to this issue. The erection of encampments on college campuses
isn't an expression of speech, it is a direct threat to Jewish students
on college campuses.
Those who spew hate and ignorance and anti-Semitism in multiple
horrid forms aren't simply expressing a constitutional right; it is an
infringement on the rights of Jewish students. Those who conduct
themselves in this way are wrong.
They harass Jewish students who are innocently attempting simply to
study. I know it and I have seen it firsthand, as I have visited
students at Cornell and Binghamton in upstate New York. These students
who think that they are simply extending their freedom of speech aren't
understanding the hate, ignorance, and violence that is emboldened by
it. They are wrong to feel entitled that they can simply occupy
buildings and public spaces and damage public property. They are wrong.
Congress should not only establish a firm commitment to the basic
definition of anti-Semitism, but it ought to speak with clarity that
this is wrong. Perhaps if we had said that decades ago, we wouldn't see
the escalation that we are seeing today.
Perhaps if college presidents simply accepted responsibility for the
safety and security of their Jewish students, we wouldn't see the
violence we have today, we wouldn't need law enforcement on college
campuses to protect students. My God, we don't and should never need
that kind of enforcement to protect the rights of innocent students:
not in tents, not occupying buildings, not threatening hate, violence,
or ignorance. We shouldn't need that kind of enforcement to ensure
Jewish students can simply be Jewish students.
For that reason, I not only support the bill, I encourage my
colleagues to do the same. Speak with clarity.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, every bit of conduct that Mr. Molinaro described is
loathsome, as he says, but that does not mean that we ought to pass a
bill that threatens freedom of speech.
This bill will do nothing to help stamp out anti-Semitism on campuses
or anywhere else, but it will threaten free speech for the reasons I
stated before.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from
Tennessee (Mr. Cohen).
Mr. COHEN. Mr. Speaker, I appreciate my chairman, and I also found
the remarks that were directed at you to be reprehensible. I know you
and I know your commitment to fair play and the First Amendment.
However, I have questions about this bill, and that is why I am here
to listen to the debate. I don't know if Mr. Lawler wishes to respond,
but there is another bill, Representative Manning and Representative
Smith's bill. It is bipartisan. It has, I think, 15 Members of each
party on it. I have been trying to get on it, but they are doing this
crazy balancing act that eliminates certain people.
I yield to Mr. Lawler to ask if he would support H.R. 7921 and work
with Mr. Smith to get that brought to the floor.
Mr. LAWLER. Sure. I think any legislation that we can bring forward
to combat anti-Semitism is critical, and I think Ms. Manning and Mr.
Smith have done a great job working to bring a piece of legislation
forward. I have introduced a number. This is but one of them.
I think the objective is to clearly define anti-Semitism and force
accountability on these administrators and make sure the Department of
Education has the teeth to enforce the 1964 Civil Rights Act.
Mr. COHEN. Mr. Speaker, reclaiming my time. I thank the gentleman. I
appreciate his support for that, I think it is very important. I think
it is a more inclusive bill, a broader bill. It takes in not just the
problems at the universities but also takes on problems in the
communities at large.
There has been anti-Semitism for over 2,000 years. The Jews have a
homeland. Before they had a homeland, they didn't have that sense of
security anyplace where they were. It has been threatened so many times
and so many places over the years, and it should not be taken from
them.
I was concerned, and Mr. Nadler made the point, that in 2017 in
Charlottesville there were national socialist movements, Vanguard
America groups, traditional workers parties, Klan members, all kind of
rightwing anti-Semitic crowds, racist skinheads that were in
Charlottesville. They marched around saying: ``Jews will not replace
us.''
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Tennessee.
Mr. COHEN. President Trump said there are good people on both sides.
[[Page H2795]]
Well, there are good people on both sides in Columbia, but there were
not good people on both sides in Charlottesville.
That anti-Semitism needs to be addressed and has not been addressed
by my friends on the other side, although Mr. Smith has addressed it
and there are others, so I don't want to paint a broad brush. There
have been so many instances in history that have come not from these
Palestinian supporters, but from skinheads, Neo-Nazis, and Klansmen,
and that needs to be addressed. I think Mr. Smith's and Ms. Manning's
bill addresses it. I hope that comes to the floor and we do a
comprehensive attack on anti-Semitism.
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I first thank Mr. Lawler for
his very, very passionate and articulate defense of our Jewish
brethren. It was very, very moving, and I thank him for that.
Mr. Speaker, 42 years ago, my first human rights trip as a
Congressman was to the Soviet Union to defend Jews against pernicious
anti-Semitism. I never thought, however, that the anti-Semitic hate
that I saw in Moscow and Leningrad could ever happen here, but it has.
It is happening, and it is escalating.
The bigotry, intolerance, prejudice, and unbridled hatred for Jews
and the Nation of Israel exploding on American college campuses today
is absolutely disgraceful. It is morally impermissible and illegal that
Jewish students are the targets of anti-Semitic hate and violence.
In both word and deed, Hamas is a terrorist organization that commits
mass murder of Jews and seeks the evisceration of Israel. Don't believe
it? Remember the horrific violence of October 7 and the ongoing ordeal
of the hostages, or just read the Hamas Charter of 1988, the blueprint
for genocide against Jews, a modern-day Nazi-like final solution.
As co-chair of the House Bipartisan Task Force for Combating
Antisemitism, I thank my good friends and colleagues, Mike Lawler and
Josh Gottheimer, for authoring the Antisemitism Awareness Act.
This important legislation will codify the IHRA working definition of
anti-Semitism into title VI of the Civil Rights Act of 1964, the
landmark antidiscrimination law. Schools that receive Federal funds
must comply with title VI, and this bill will clarify that the Hamas
hatred infecting our campuses must be dealt with as anti-Semitic
discrimination that violates civil rights.
Special thanks, Mr. Speaker, to the police, who at great risk to
their own personal safety are trying to mitigate the threats to Jewish
students.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Again, anti-Semitism is a terrible thing. Hamas is a genocidal
organization which wants to kill all Jews, not just the State of
Israel. There is no question about that. There is no question we have
to fight anti-Semitism. There is no question the Manning bill is a good
step in that direction. There is no question we ought to give the
Office for Civil Rights the 25 percent increase the President has
requested to enforce title VI on college campuses where there has been
no question there has been vile anti-Semitism.
That, however, does not mean we should pass this bill. This bill
enshrines the IHRA definition, and I would remind you that the IHRA
definition's chief author, Kenneth Stern said: Don't codify it in law
because if codified into law, it would be destructive of free speech.
The author of the IHRA definition said that.
The bill also specifically excludes the Jerusalem and Nexus
definitions. There is no good reason for that. All three definitions
give examples of things that may be seen as anti-Semitism, that may
indicate anti-Semitism. None of them should be codified into law, as
this bill would do for one of them.
I don't know why one and not the other two, but this bill would
enshrine one of them into law against the will of its own author, who
said this is my best definition, but don't enshrine it into law, or,
rather, don't codify it into law because if it is made law, it could
infringe free expression, and that is why not only the ACLU, but J
Street, T'ruah, the Reconstructionist Jewish Movement, and a dozen
other Jewish groups oppose this law, not because they support anti-
Semitism--they obviously don't--but because they both oppose anti-
Semitism and support freedom of speech, and those of us who oppose
anti-Semitism and support freedom of speech ought to vote ``no'' on
this bill.
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentlewoman
from North Carolina (Ms. Foxx), the chairman of the Education and the
Workforce Committee of the House.
Ms. FOXX. Mr. Speaker, America's colleges and universities are
experiencing an explosion in anti-Semitism, including explicit support
for terrorism. That these taxpayer-funded institutions have become
forums for promoting terrorism is unacceptable.
Campus life has become a daily trial of intimidation and harassment
for America's Jewish students. Two months ago, nine brave Jewish
students described for the Education Committee how their schools have
become hostile environments that include death threats and physical
attacks.
At numerous schools, unlawful encampments now disrupt learning and
endanger students. At Columbia, a campus rabbi warned Jewish students
to leave campus. A Jewish Yale student was stabbed in the eye. The
Antisemitism Awareness Act would provide a needed tool to help better
determine anti-Semitic intent, which in turn would help ensure the
safety of Jewish students.
I commend Representative Lawler for this bipartisan, bicameral bill,
and I urge its passage.
Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Jordan), the chairman of the House Judiciary Committee.
Mr. JORDAN. Mr. Speaker, I thank the gentleman for yielding. Calls
for the destruction of Israel, our dearest and closest ally, are wrong.
Attacks on Jewish students on college campuses are wrong, as well. I
thank Representative Lawler and Representative Gottheimer for this fine
piece of legislation, and I thank the chairman of the Immigration
Integrity, Security, and Enforcement Subcommittee of the Judiciary
Committee.
The only way you stop this is to take action, and the Judiciary
Committee started that yesterday. We sent a letter both to Secretary
Blinken and Secretary Mayorkas asking three simple questions: Are the
students, are the people engaged in this activity, this wrong activity,
this radical activity on campuses against Jewish students, are they
here on a visa? If they are, is the State Department taking actions to
revoke that visa? If the State Department is taking those actions, is
the Department of Homeland Security looking to remove these
individuals?
Pretty basic questions, pretty important questions I think the
Congress has the right to know about and the American people have a
right to know about if we are ever going to stop the egregious activity
going on. In order to stop it, you have to take action.
We are a legislative body. We have a piece of legislation that begins
that process. Let's pass this legislation, and then let's do the
oversight to get the answers to those questions so the bad guys doing
this stuff on college campuses can't do it on a visa.
Remember, at Columbia, 55 percent of the student body is here on a
visa.
Maybe the American people have a right to know the answers to those
three questions. We posed them yesterday to Secretary Mayorkas and
Secretary Blinken. Let's hope we get an answer soon. Let's hope the
Biden administration steps up and starts taking action to stop what is
going on.
Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R.
6090, the Antisemitism Awareness Act.
The pro-Hamas protests we are seeing now play out on TV that are
taking place on college campuses are living proof of what happens when
we tolerate hate and ignorance.
I recently spoke with the aunt of a 4-year-old girl who saw her
parents and siblings murdered on October 7 by Hamas, and she was held
hostage for 51 days, a 4-year-old held hostage after
[[Page H2796]]
seeing her parents killed in front of her.
That is the behavior that anti-Semitic college students are
tolerating? It is disgusting, and it is criminal. They are learning it
from those at the very top. We had a hearing not too long ago where
college presidents refused to state that calling for the genocide of
Jews was against their code of conduct.
Jewish students should feel safe on campus and deserve to be treated
with dignity and respect. All students do. The Department of Education
needs to use every tool at its disposal to provide Jewish students with
a safe environment to learn.
Our laws should clearly reflect that discrimination includes the
indisputable anti-Semitic rhetoric calling for violence against Jews.
There are far too many inexcusable examples from this year alone, and
this must stop. It cannot go on.
{time} 1400
Mr. McCLINTOCK. Mr. Speaker, I yield 2 minutes to the gentleman from
Kansas (Mr. Mann).
Mr. MANN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the events unfolding at our country's colleges and
universities are devastating. For years, we have taught Americans and
committed ourselves to ``never again.'' Yet, we are watching the rot of
anti-Semitism stain our American colleges and universities. We must
reject the spoil of anti-Semitism and adopt a clear definition of what
anti-Semitism is to better position college administrators and
officials to respond to the terror these so-called protesters are
bringing to Jewish students.
Many of these are not pro-Palestinian protests. They are ill-informed
mobs who believe that Hamas, a terrorist organization, is somehow good
for the people of Gaza. That couldn't be further from the truth. Hamas
continues to use innocent lives as human shields and intentionally
positions civilians in the middle of combat zones while using their
tunnels to protect their own military leaders and fighters.
Is this what our Nation's students want to support?
To my colleagues across the aisle who have chosen to praise these
anti-Semitism protests, is that what you stand for?
School administrators cannot straddle both sides of the fence here.
We would not tolerate this sort of behavior toward any other group of
students, and we must not start when the target is again on America's
Jewish students.
All students deserve a safe learning environment, and by adopting
this definition of anti-Semitism, our college campuses are more
empowered to uphold and protect safe environments for Jewish students.
Congress must be clear. America stands with Israel, and we stand with
Jewish students across every college campus in America.
Mr. Speaker, I urge all of my colleagues to stand with Jewish
students and vote in favor of this legislation.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I strongly support meaningful action to combat anti-
Semitism. Unfortunately, that is not the legislation before us. We risk
threatening freedom of speech while providing no new tools that the
Department of Education does not already have to investigate claims of
anti-Semitism.
The White House has developed a strong blueprint for countering anti-
Semitism, and there is already legislation to implement these policies.
We should be working together to pass that legislation and to provide
our civil rights enforcement agencies with the resources they need to
address anti-Semitism wherever it occurs.
This legislation is a distraction from the important work ahead of us
to protect our students and all those who face discrimination. Not only
is it a distraction, but it also threatens freedom of speech.
Mr. Speaker, I urge Members to oppose it, and I yield back the
balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, you cannot fight anti-Semitism if you cannot define it.
The International Holocaust Remembrance Alliance offers us a clear and
widely accepted definition rooted in the tragedy of the ages. After
that horrific crime against humanity, the civilized nations of the
world took a sacred oath: Never again.
To support that oath, these united nations restored the Jewish state
to its historic homelands. That state is now under attack at home and
abroad, and with this act, America stands with our Jewish brethren at
home and abroad.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise today to speak on H.R. 6090--
Antisemitism Awareness Act of 2023.
In light of recent events across the globe and here in the United
States, where anti-Semitic attacks and hate crimes have risen, this
bipartisan bill is an attempt to codify the definition of
``antisemitism''
Specifically, this bill would require the Department of Education to
take the International Holocaust Remembrance Alliance (IHRA) definition
of antisemitism into account when determining if an action or practice
that violates Title VI of the Civil Rights Act of 1964 was motivated by
antisemitic intent.
The IHRA defines antisemitism as the following:
``Antisemitism is a certain perception of Jews, which may be
expressed as hatred toward Jews. Rhetorical and physical manifestations
of antisemitism are directed toward Jewish or non-Jewish individuals
and/or their property, toward Jewish community institutions and
religious facilities.''
In its list of examples of anti-Semitic conduct, the IHRA includes
``[d]enying the Jewish people their right to self-determination, e.g.,
by claiming that the existence of a State of Israel is a racist
endeavor,'' and ``[d]rawing comparisons of contemporary Israeli policy
to that of the Nazis.''
While there is both support and opposition for this bill it is
important to highlight the issues and concerns.
Namely, there is a concern that this bill will undermine free speech
by codifying a singular definition of antisemitism.
Notably, however, the bill language provides a provision to
explicitly protect against infringement of the First Amendment.
Additionally, while the Department of Education already utilizes this
definition of ``antisemitism'' in its enforcement of Title VI civil
rights claims, there is a concern that forcing the Department of
Education to ``consider'' a particular definition of antisemitism does
nothing to protect houses of worship, check antisemitic threats, or
otherwise keep students safe on campus.
Rather, improving civil rights enforcement should be the real key to
fighting antisemitism.
In May 2023, the Biden Administration created a ``U.S. National
Strategy to Counter Antisemitism,'' a cornerstone of which is
increasing enforcement actions by the Department of Education's Office
for Civil Rights (OCR).
Since the October 7 attacks on Israel, OCR has seen a dramatic rise
in discrimination claims.
President Biden's budget called for a 27 percent increase in funding
to OCR, but funding remained level for FY 2024.
Last year, House Republicans pushed to cut funds for federal civil
rights enforcement on college campuses by 25 percent.
Ultimately, however, House Republicans refused to increase OCR's
funding.
Instead, they have fought adequately funding OCR to meet the surge in
antisemitism complaints because, in the political hierarchy governing
their culture war priorities, undermining LGBTQ civil rights is more
important than protecting Jewish students from discrimination.
I think we can all agree that the recent rise in antisemitism in the
U.S. is a real problem, yet sadly House Republicans mostly ignored it.
Thus, it is important to highlight that any support for this bill
should also include corresponding support for the agency tasked with
investigating claims of harassment and hate.
Supporting such a measure while stripping away the tools to
effectively carry out its duties is short-sided.
In particularly, as we celebrate Jewish American Heritage Month this
May, I must reiterate my condemnation to the rise of antisemitism--and
call on my fellow elected officials,
[[Page H2797]]
faith leaders, and civil society leaders to continue to condemn and
combat antisemitism, and to identify and educate others on the
contributions of the Jewish American community.
And so, as we celebrate the Jewish American community's contributions
this month, we too must honor their resilience in the face of a long
and painful history of persecution.
Indeed, as stated by President Biden in his Proclamation on Jewish
American Heritage Month, 2024--we must all ``remember that the power
lies within each of us to rise together against hate, to see each other
as fellow human beings, and to ensure that the Jewish community is
afforded the safety, security, and dignity they deserve as they
continue to shine their light in America and around the world.''
Ms. McCOLLUM. Mr. Speaker, I rise to address my intended vote on H.R.
6090, the Antisemitism Awareness Act.
This bill would require the Department of Education to utilize the
International Holocaust Remembrance Alliance (IHRA) definition of
antisemitism when interpreting whether an action or practice violates
the Civil Rights Act of 1964.
To be clear: I condemn antisemitism in all its forms and stand with
the Jewish community as they mourn the losses sustained in the October
7 terrorist attack by Hamas and the subsequent increase in antisemitic
incidents in the U.S. and around the world.
But requiring the Department of Education to use the IHRA definition
would stifle free speech and curtail legitimate criticisms of the
Israeli government's actions.
I concur with J Street, which noted: ``On its own, the IHRA Working
Definition, coupled with its contemporary examples, is broad and can
label legitimate political speech and critique of Israel as inherently
antisemitic. We are concerned that this concerted campaign to require
the use of the IHRA definition and its examples by law and regulation
creates significant opportunities for abuse and politicization,
including by future MAGA-aligned administrations.''
This bill violates First Amendment rights to share and debate ideas
and express peaceful dissent. It is too broad and could lead to
colleges and universities banning student groups that aim to provide
safe refuge, community, and space to discuss issues that are important
to them based on the opinion or statement of one student.
Mr. GALLEGO. Mr. Speaker, while I was unable to attend today's vote
series, had I been able to attend, I would have proudly voted yes on
H.R. 6090, the Antisemitism Awareness Act, which I am a cosponsor of.
This legislation is an important step to protecting the American Jewish
community, particularly in light of the alarming rise in antisemitic
incidents across the country. The State Department has used the
International Holocaust Remembrance. Alliance (IHRA) Definition since
2010, while the Department of Education has considered the IHRA
definition of antisemitism since 2019 when reviewing, investigating, or
deciding whether there has been a violation of Title VI of the Civil
Rights Act of 1964. This legislation would make the IHRA definition the
official policy of federal agencies, and I urge Congress to swiftly
pass it.
The SPEAKER pro tempore (Mr. Meuser). All time for debate has
expired.
Pursuant to House Resolution 1173, the previous question is ordered
on the bill.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
6090 is postponed.
____________________