[Congressional Record Volume 170, Number 80 (Wednesday, May 8, 2024)]
[Senate]
[Pages S3623-S3624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2055. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill H.R. 3935, to amend title 49, United States Code, to
reauthorize and improve the Federal Aviation Administration and other
civil aviation
[[Page S3624]]
programs, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
TITLE __--ANTISEMITISM
SEC. __1. SHORT TITLE.
This title may be cited as the ``Antisemitism Awareness Act
of 2024''.
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 title as the ``IHRA'') Working
Definition of Antisemitism is a vital tool which helps
individuals understand and identify the various
manifestations of antisemitism.
(3) On December 11, 2019, Executive Order 13899 extended
protections against discrimination under the Civil Rights Act
of 1964 to individuals subjected to antisemitism on college
and university campuses and tasked Federal agencies to
consider the IHRA Working Definition of Antisemitism when
enforcing title VI of such Act.
(4) Since 2018, the Department of Education has used the
IHRA Working Definition of Antisemitism when investigating
violations of that title VI.
(5) The use of alternative definitions of antisemitism
impairs enforcement efforts by adding multiple standards and
may fail to identify many of the modern manifestations of
antisemitism.
(6) The White House released the first-ever United States
National Strategy to Counter Antisemitism on May 25, 2023,
making clear that the fight against this hate is a national,
bipartisan priority that must be successfully conducted
through a whole-of-government-and-society approach.
SEC. __4. DEFINITIONS.
For purposes of this title, 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 title
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 title
shall be construed to diminish or infringe upon any right
protected under the First Amendment to the Constitution of
the United States.
______